VIC Temporary fencing

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Stephenm

Member
28 October 2022
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0
1
Neighbour has constructed temporary fencing at boundary of our properties while undertaking construction works. Fencing is actually on my side of the boundary. They were requested to remove this from my land by the council. Months later with construction work basically complete at the boundary, fencing still remains and has not been moved. What options do I gave to get rid of this.
 

Paul Cott

Well-Known Member
LawConnect (LawTap) Verified
26 May 2014
342
100
889
Ballarat, Victoria
Neighbour has constructed temporary fencing at boundary of our properties while undertaking construction works. Fencing is actually on my side of the boundary. They were requested to remove this from my land by the council. Months later with construction work basically complete at the boundary, fencing still remains and has not been moved. What options do I gave to get rid of this.
Hi Stephen, maybe they are not ready in the construction progress to remove the fencing. If they are and it should be gone, it is technically an illegal trespass if it is on your side of the boundary. I would get a lawyer (or you could write one) a letter demanding the fence is removed ASAP from its position in your property. I presume you may have a surveyor's report which shows exactly where the boundaries are. Hope that helps.
 

Stephenm

Member
28 October 2022
3
0
1
Thanks for the advice Paul. Two other questions if I may. The fence is definitely on my side as the construction was to build a brick wall as part of new townhouses right on the boundary and the temporary fence is on my side of this wall, actually covering part of my deck, I also had it surveyed to check the construction encroachment. They have been asked to remove this from my property previously and ignored this. Given this is on my property, if they ignore this again can I simply cut this up myself and throw it over the fence? Also from the survey, it looks like they may have encroached a few cms on my side in constructing the brick wall (I need to double check now the wall is finished), basically stealing a small amount of my land. What options do I have available in this sense given if I ever try to sell my property in the future the land survey will now indicate my land is actually smaller than the title.
 

Paul Cott

Well-Known Member
LawConnect (LawTap) Verified
26 May 2014
342
100
889
Ballarat, Victoria
Hi Stephen, Technically you can cut it up and throw it back over the fence but I don't recommend it as you may then face a claim for the damage to the property you cut up and throw back over. Options to me are a lawyer letter and or a court application.
 

Stephenm

Member
28 October 2022
3
0
1
ok thanks Paul, the law is interesting, someone illegally puts a fence on my property without my permission, doesnt remove it and I have to go out of my way now to get it removed at my cost