Browse Forums General Discussion Re: Neighbour trespassing on our property to remove plants a 3Jan 17, 2022 7:26 am 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. Re: Neighbour trespassing on our property to remove plants a 4Jan 24, 2022 10:31 pm 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. Re: Neighbour trespassing on our property to remove plants a 5Jan 25, 2022 2:02 am 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. Re: Neighbour trespassing on our property to remove plants a 6Jan 25, 2022 8:21 am 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 Re: Neighbour trespassing on our property to remove plants a 7Jan 25, 2022 10:58 am aussieta 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. Re: Neighbour trespassing on our property to remove plants a 8Jan 25, 2022 1:15 pm 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? Re: Neighbour trespassing on our property to remove plants a 9Jan 25, 2022 8:32 pm Jaxr 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. Re: Neighbour trespassing on our property to remove plants a 10Jan 26, 2022 7:02 am 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. Re: Neighbour trespassing on our property to remove plants a 11Jan 26, 2022 7:24 am 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/ Re: Neighbour trespassing on our property to remove plants a 12Jan 26, 2022 11:58 am Jaxr 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. 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. Re: Neighbour trespassing on our property to remove plants a 13Jan 26, 2022 12:12 pm 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 Re: Neighbour trespassing on our property to remove plants a 14Jan 26, 2022 12:39 pm AnjC Jaxr 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. 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. 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. Re: Neighbour trespassing on our property to remove plants a 15Jan 26, 2022 3:20 pm Jaxr AnjC Jaxr 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. 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. 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. Re: Neighbour trespassing on our property to remove plants a 16Jan 26, 2022 7:35 pm 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. How do you remove one of these ceiling air con vents? And is it possible to disconnect the duct joined to the vent from inside the house, without going into the roof cavity? 0 6492 the step up is 30mm and wanting it to be flat . how much does the concrete have to be lowered .we plan on removing bath and lenghten shower and adding seat. the old bath… 0 12656 You have no photo with your post. Best I can say is to remove an A&L flyscreen don't be afraid to distort the frame almost like a trapezium. It doesn't take a lot of… 1 7469 |