Hello Daniel: Just before receiving your answer, I called the Magistrate Court, and they'd send me the forms & brochure. A follow-up question: the neighbor also have the end of a shed, a wall and concrete pavements intruding into/onto my lot. Can I get the Court order to have these removed in the same filing as the fence?
The rear wall of the shed, the end of a frontal wall, and the concrete pavement all extend into my lot and blocking the relocation of the fence, i.e they must be moved back or cut back before the fence can be set up at the boundary. Does this seem justification enough to include in the same filing?
Just have to ask you this. When I bought my lot, I became the owner of any structure attached on it as well. Does it not mean I own the fence that's entirely inside my lot? If so, how could the police arrest me if I take down my own property?
Hello Daniel: Applying for an order with the Magistrate Court means at best a 3-month delay of my house building. It costs me nearly $2K each month delayed. I've started to weigh the option of taking down the fence ourselves. What kind of issues will this cause? The sergeant I spoke to has started to back away from his claim that I may face arrest in doing so. He suggested that if my solicitor finds legal supports for me taking down the fence, the Police would not get involve.
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