VIC Shipping Container Dumped on Property Without Permission - Property Law Rights?

[AllanJames]

My neighbours have placed a 40ft shipping container on my vacant block without permission and despite numerous requests to remove it they have not. I have contacted the police and local council but they are unable to help. What are my property law rights? Can I lock it? Can I take possession of it? Can I remove it? And can I recoup costs if I do?

I am at my wits end.

 

[Rod]

We are missing facts like, what is in it, how and when you made requests to remove it?

The neighbours would have trespassed by putting the container on your land, but unless you can prove they did it, police are likely to say it is a civil dispute.

You may be able to treat the container as 'abandoned goods' - Call Vic Fair trading and see what they say.

If they can't help, then see a lawyer. You may be able to get court orders giving you authority to remove and dispose of the container.

DIY removal is not recommended as it gives your neighbour an action against you.

 

[Matt King]

If you can prove the neighbours placed the container on your property without your authority, its clearly a trespass.

I recommend a strongly worded letter from a solicitor such as me to remove the container, failing which you willl need to approach the Supreme Court of Victoria for orders for its removal, damages and your legal costs.

 

[Rod]

@Matt

Why not use the magistrates court? They can issue equitable remedies.

FYI: I'm just wanting to learn more

 

[AllanJames]

Thanks for your replies. Neighbours told me afterwards the truck driver told them their land was not level enough to site the shipping container. It is being used to store household items.

They have been told three times (verbally) to remove the container but nothing as yet in writing. It looks like no matter what I do it is going to cost me, basically I have no rights in this regard! It is going to be a long drawn-out process.

 

[Matt King]

It all goes to jurisdiction. The Magistrates Court is limited to $100,000.

The Supreme Court deals specifically with equitable relief sought under State Acts such as the Propert Law Act of Victoria

 

[Matt King]

Thanks for your replies. Neighbours told me afterwards the truck driver told them their land was not level enough to site the shipping container. It is being used to store household items. They have been told three times (verbally) to remove the container but nothing as yet in writing. It looks like no matter what I do it is going to cost me, basically I have no rights in this regard! It is going to be a long drawn-out process.

That's correct, you'll need Orders of the Court to have it removed.

This can be dealt with very quickly by approaching the Court for urgent orders, typically a 4 to 6 week process.

It involves an application and affidavit, followed by a couple of appearances.

 

[Rod]

You do have rights, just going to take effort to enforce them.

 

[Rod]

It all goes to jurisdiction. The Magistrates Court is limited to $100,000.

The Supreme Court deals specifically with equitable relief sought under State Acts such as the Propert Law Act of Victoria

So if remedy being sought is <$100K, the magistrates court is OK?

 

[Matt King]

No, have to go to Supreme Court for an injunction, it has the original jurisdiction to hear such applications, see section 37 of the Supreme Court Act 1986