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Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5740
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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My side neighbour took down part of our side boundary

Customer Question

My side neighbour took down part of our side boundary fencing as he was going to build a shed with the back of the shed forming part of the new fence. They took down the fence but we discovered there was no permit and we now have nothing but temporary fencing which is now up to 2 foot over our boundary and they refuse to move the temporary fencing back onto the boundary.....this has now been going on for 7 months. They still have no permit to build the shed and we are stuck with close to 20 foot of temporary fencing and black fencing. I don't know where to turn or legally where we stand!
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: Victoria
JA: Have you talked to a lawyer yet?
Customer: No as we know it is going to cost us. The neighbour rents from his dad who was also there on the day helping take down the fence. They stated numerous times they had a permit to build the large shed and that is the only reason we allowed the fence to come down as he was going to build over the next few weeks.
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Victoria
JA: Anything else you think the lawyer should know?
Customer: We attempted to have him charged with criminal damage to a tree he and his dad cut down when 24 hours prior they were told to only cut it to the fence line. Now it is "he said, she said". We have not approached them since that weekend, attempted to send letters of demand requesting fence be moved to the boundary, Justice Department sent letters but no response from him or his dad. We no longer know where to turn. The temporary fencing is now leaning further onto our land and he has things stacked against pushing it over.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Daniel replied 1 year ago.

Hello
They are liable to build a fence.
They are also liable to be charged with damage to property.

I suggest just filing an application to the Magistrates court

Info:

https://www.magistratescourt.vic.gov.au/jurisdictions/civil/fencing-disputes

More info:

https://www.magistratescourt.vic.gov.au/sites/default/files/Default/150201%20Information%20Guide%20-%20Fencing%20Disputes.pdf

I would suggest however a magistrate needs to be convinced that you tried to resolve the matter and may adjourn the matter for that reason. I would suggest however you have done all you can do, also noting that he simply took down a perfectly good fence, there needs to be an order made that he build a fence to remedy the situation.

Expert:  Daniel replied 1 year ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 1 year ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 1 year ago.

Hello
I note I have not received a response?
I wish to help you in this situation.