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I have a neighbour who is pulling off the pickets on the joint…

I have a neighbour who...

I have a neighbour who is pulling off the pickets on the joint fence between our properties, presumably with the intention of us having to replace it with a new one.
There is nothing wrong with the existing fence, it's old but its standing well. He hasn't approached me about this matter probably because about 18 months ago I found him smashing the vine and pulling the existing trellis on my side down and smashing the vine with his shovel on my side and in my property. At that time I gave him a piece of my mind but now I can see what he is slowly trying to achieve.
I presume he will eventually give me a note saying we need a new fence and to replace the existing but I am not happy as the fence is still standing strongly except for the big gaps where he has removed the paling.
Any advice?

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Answered in 13 minutes by:

7/29/2012

Solicitor: Leon, Solicitor replied 10 years ago

Leon, Solicitor

Category: Australia Law

Satisfied Customers: 52,702

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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Good Morning,

You should take photographs of the fences are currently is, and if you have the ability of taking photos of him removing the fence pickets then you should do this as well.

You should also write to him, and advise that you are aware that he is damaging the fence and and that the fencing act in Victoria, because he is deliberately causing damage to the fence you will hold him personally liable for its full replacement cost.

You should do this in writing and also refer to the conversation that you had with him when you gave him a piece of your mind.

By having all documented and photographs as well if he decides to issue you with a notice to replace the fence then you have evidence to complain and refused to make any payment towards the fence.

At the moment there is very little else you can do apart from seeing what he's doing and putting together a detailed portfolio of dates and times with photos the fight him on any application to replace the fence.

I hope this is of assistance. If you have any other questions please do not hesitate contacting.

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Leon, Solicitor

Category: Australia Law

Satisfied Customers: 52,702

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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Customer reply replied 10 years ago

I have a situation again with the neighbour. We share a common side fence and he is removing the palings from the fence leaving big gaps and making the fence precarious in that it could eventually fall.
I have written a letter to him stating that I am aware of what he is doing and that I have taken before and after pictures of the fence and that I have witnesses who will verify that he is slowly destroying the fence with the intention, I suppose, of expecting me to put in half for a new fence. The fence is old (we have been here 25 years) but still standing strongly although it is suffering with the loss of the palings.
What should be my next course of action?

Optional Information:
State or Territory: Victoria
What have you tried so far?: I had originally asked you a few days ago and you advised to write a letter to the neighbour which I have but have received no response from the neighbour!!

Solicitor: Leon, Solicitor replied 10 years ago

Good Morning

Is the fence at a point that is needs to be replaced?

You have evidence that he is damaging the fence?

Customer reply replied 10 years ago

You ask if the fence is at a point that it needs to be replaced. Firstly, are you justifying the fact that he is destroying the fence? It is a joint fence and as such belongs to both parties. The neighbour has no right to destroy it - he is vandalising my property. The fence is old but very solid, it is not falling over but now he has removed about 20 of the palings and it looks terrible. I have my gardener who can verify that the palings are being removed. They are not falling out by themselves - they are being physically pulled off the fence by the neighbour. It's very interesting that he cannot reply to my letter. What does that show? ,

Solicitor: Leon, Solicitor replied 10 years ago

Good Evening

I am not justifying anything. I am simply asking the question.

Is the gardener or anyone else able to confirm who is removing the palings? Have they seen the neighbour remove them.

I cannot comment on why the neighbour is not replying.

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