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Peter G.
Peter G., Solicitor
Category: Australia Law
Satisfied Customers: 767
Experience:  Law degree from the University of Melbourne 1978, with thirty years of practice experience.
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Our neighbour has erected some black plastic sheeting on top

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Our neighbour has erected some black plastic sheeting on top of the dividing fence that we find offensive, he claims to be bipolar. What can we do and at what cost.
Thank you
William Wagner

Peter J R Gauld :

What State are you in please? And, have you contacted the municipality about this and if so what response.? Do you think that it is permanent, and actually part of the fence?

JACUSTOMER-u0qpq1xj- :

we're in QLD. Have contacted Estate agent as we are renters in our 70,s. No response so far. Seeing what our options are. We dont think that he will remove the object.

JACUSTOMER-u0qpq1xj- :

Hi, all we would like to know if possible what legal options if any are open to us. We just dont know

Peter J R Gauld :

These things can become very difficult. Especially if the fellow next door really does have psychological problems.

What I think you should do is first of all contact the local council and have a word with them about this.

If they can't assist, I think there is a neighbourhood dispute resolution Centre in Queensland which deals with a fencing disputes, and other similar disputes. I think this is the case, I am not 100% sure. If you have any trouble finding it, ring your local Magistrates Court and they will tell you quickly about this.

When you ask what your legal options are – it is very difficult to contemplate legal action because of its cost, inconvenience and strain. In any event, you say you are tenants. In this case you should also contact the landlord and see if the landlord can do anything about this.

Peter J R Gauld :

The council may assist because what has been done might exceed the acceptable height limit. There should be a height limit for any dividing fence. In Victoria is something like 6 feet. If it exceeded 6 feet, or whatever the limit is, you could request the neighbour to bring the fence into compliance, failing which you will take whatever action is necessary to bring it into compliance.


But I am sure you will appreciate that simply taking it down yourself could cause problems.


I think you are going to have to try all of the options, and work your way through it step-by-step.


What has happened is very probably against council regulations, perhaps for a number of reasons, but this may not necessarily give you a clean solution in all the circumstances.


I think this is probably about all I can say at the moment, but please come back if you have any further queries.

JACUSTOMER-u0qpq1xj- :

Many, many thanks this helps greatly















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