Neighbour trespassing on our property to remove plants again

Hi All, My neighbor has a garage built to the boundary line around double car length which presents a rendered brick wall to my side.
There was one small dragon fruit plant that had grown on my side and against the wall and the neighbor contacted me and asked me to trim it. I replied yes as soon as I could access to it (I had some landscaping work blocking it at the time).
They replied that wasn't good enough, and proceeded to threaten me with bad relations and harass me etc. So I told them the matter was closed and to stay on their side of the fence and I would do the same (I'm not interested in interacting with toxic people or being bullied).
They have since accessed my fenced yard and removed the plant. (which I'm not happy about as it had just come into fruit). Also not happy as I consider it trespassing.
As I understand it the wall is theirs and not mine to use. I didn't put the plant there, former owner did that they were buddies with and it had been there a while.

So the question is, is it trespassing or do they have the right to enter my (fenced) yard to do this and also to maintain their garage wall.

I am considering at the moment putting no trespassing signs inside my fence line but facing into their property as I've heard you need to advise if you want to prevent trespass. (I assume they will not appreciate as I suspect they are getting ready to take photos to sell their house.

no right to enter, it is trespass, this is why you don’t build to the boundary unless you have a zero maintenance wall

You neighbour has trespassed and damaged / stolen your property despite your assurance you would trim the the plant. In the interest of promoting a mutually respectful relationship in the future ask them to fix it or compensate you to make it right. Alternativey, trespass and theft can be a police matter.

A zero lot boundary wall owner is responsible for maintaining their wall. Your post indicates that the tree is growing on his/her wall (you said 'against').

If this is the case the owner of the zero lot wall has every right to maintain the wall by removing the tree from his wall. I'm not sure his coming on to your property really amounts to trespass, as, under Australian law, you can't withhold permission for him enter your property to maintain the wall.

Still, I suppose it would be appropriate for him to let you know when he would be accessing his wall.

So if he has the right to access my property whenever he feels as he has built on boundary. Can I lock my gate or must I provide keys to my property for their convenience. To access 'their wall' they need to travel behind my wall, into a private pool area and past my living room windows and into a fenced area where my dogs have access.
I feel them having the right to this at will sounds invasive.
And you think they are just needing to inform me when he is going to access my property rather then ask permission and an appropriate time.

Are you able to point me to the law you refer to as I would like to read it to understand my rights here. You seem to be suggesting I have no right to privacy or security in my own yard. I have been feeling anxious at times wondering if they are in my yard. They would be able to see me sleeping, watching TV, working etc through my windows once they are in the yard, and a nice surprise if I am in the pool and they just wander in.

they have to maintain the wall
but they are not allowed on neighbours property
they must ask for permission, and if permission is denied
they must take legal action to request permission
which op can deny
in future get everything in writing
not much you can do now except stamp your feet
and have a party when they move

Precisely. I suspect your neighbour was trying to be civil by asking you to chop down the tree, but when you refused (from his point of view) got frustrated and took the matter into his/her own hands.

He/she should have asked for permission, but was probably already a bit annoyed so did the wrong thing.

Do you really want to go to court over the matter?

Why don’t you invite him/her over for a cup of tea and explain that he/she is required to ask for permission and ensure they understand you won’t reasonably withhold it.

As to ‘proof’ of the law, check your local council website. They always have guidance on these matters. Quoting WA legislation (where I’m from) is unlikely to help you but if you get in a bind, the city of stirling has helpful guidance.

Gee mate.
I am the one who is annoyed after they asked me to do something then went into a narcissistic rage and tried to bully me and threaten me with bad relations when I agreed but said I couldn't do it immediately.
They then trespassed on my property after I clearly asked them not to and cut down a small fruit plant currently fruiting.

I'm certainly not asking someone who behaved like that into my home for a cup of tea. We've been civil to date but they have been gaslighting me at times.
And yes they were clearly annoyed when I didn't immediately obey them. Nasty coercive annoyed. It was confronting and I want nothing to do with them.


They will sell there house and move on.
And all the things I was going to to to help, mow my lawns for their pictures and open day and put the dogs inside, cars away and music down etc.
The current things we do, not running washing machine in evening, being extra quiet in kitchen in early evening and not playing music as they sleep early and their bedroom window is modded and adjacent our living area. I currently weed spray around their boundary wall.
Why should I be doing this stuff now. I just happen to be the person who pushes bullies back, it's not an easy path but it needs doing.


I'm really not sure why you quoted law at me previously if you don't know?

Wow!
I DO know the law that applies to me, but as I explained in my post, the actual name of the law that applies to you is likely to be different since you probably live in a different State.

I would hate for you to go in to battle with a neighbour and be quoting the wrong law.

But I think I will just withdraw now and leave you with your acrimonious relationship with your neighbour. Good luck with that.

Or admit the 'Australian Law' you quoted at me was completely made up. The WA one you are now claiming requires a form asking for permission with 28 days notice and a court application if refused.
And offering an intruder and bully a cup of tea and happy ending gives them an enjoyable relationship, not me.

the neighbour must obtain court permission otherwise they are trespassing
https://watsonandwatson.com.au/document ... r-property
https://www.kells.com.au/insights/local ... -my-house/

Ok. I’ll bite. If you go back to my original post I said that under Australian you can’t withhold permission for him to maintain the wall. That’s entirely true as has been repeatedly said here. But let me restate it: if you refuse to let him come on to your property to maintain the wall (when he asks next) you will end up in court where they will tell you to allow him on to your property for him to maintain the wall.

Yes, he did the wrong thing, but if you refuse to let him on to your property in the future (presuming he asks) then you will also have done the wrong thing. The courts don’t like litigants who waste their time with petty revenge dramas.

no, that is not entirely correct
the neighbour needs to prove maintenance is required
the neighbour needs to prove maintenance cannot be done without access
just because neighbour wants it done immediately, i am sure a magistrate will decline access
the neighbour needs to provide compensation for any damage

The magistrate also will not view favorably the text history I have from them asking I perform their maintenance, reprimanding me for not complying immediately after I agreed to do it, threatening me with bad relationship, then trespassing without permission etc. The court costs are theirs as they are the ones requiring this access. And still all they need to do at this point is ask permission, as is their responsibility, my objection is and has been to their trespassing.

Yet you call me petty, tell me they tried to be civil but I must have annoyed them, make up a law to convince me I have to give them unfettered access at will to my home without notice and threaten me with court on their behalf.

At no time did I tell you you had to give them unfettered access. I told you you could not unreasonably deny access to them for them to ensure their zero lot wall was maintained.

You clearly choose to read what you want to read. Like I said, good luck with all of that.

I think the issue here is the trespass and the damage of the OP’s garden. Often zero lot walls will have an easement for support and maintenance which resolves these issues.

Your neighbour can’t dictate what you do with your land, they can’t cut trees on your property, they can’t trespass especially if permission has been denied.

The zero lot wall should be zero maintenance for this reason, a rendered brick wall is zero maintenance, cutting your plants is not maintaining their wall. Painting their wall once a decade is maintenance.

Your neighbour is a d*ck.

Give your neighbour the opportunity to apologise and to replace the stolen plant!