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I have a rental property & the neighbour on 1 of our

Customer Question
I have a rental...

I have a rental property & the neighbour on 1 of our bordering fences has been ringing me swearing, threatening me over the rentees having horses & leaning on the fences. my property is 70 acres & the fence in question is constantly in the way of the flood waters when they come thru. the last time he rang me he said I had to replace the fence because the flood totally took it away, so I did at my own cost. He has just rang me yesterday very abusive again saying he has photos of the horses leaning on it & he's going to sue me . I just don't know what to do

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Qld

Lawyer's Assistant: Has anything been filed or reported?

Not by me but he said on the phone he would do it

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't think so

Submitted: 7 months ago.Category: Australia Law
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Answered in 23 minutes by:
12/15/2017
Solicitor: John Melis, Lawyer replied 7 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,335
Experience: Principal Lawyer at Legal AU Pty Ltd
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Dear customer, my name is***** solicitor in Melbourne, thank you for using Just Answer, I will assist with your question today.

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Solicitor: John Melis, Lawyer replied 7 months ago

have you considered file for a personal protection order AVO against that person.

the alternative is to file for a nuisance claim

have you considered either of these options ?

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Customer reply replied 7 months ago
NO I just wanted to know if he has any right to sue me for a fence that horses will stick their head over ?
I had to pay for the fence which was approx 400 meters when the floods went thru .
Solicitor: John Melis, Lawyer replied 7 months ago

there may be right, but also if the fence is not safe and the horses are injured you could be sued as well.

how big is the fence gap ?

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Customer reply replied 7 months ago
There’s no gap it’s a 4 strand wire fence
Solicitor: John Melis, Lawyer replied 7 months ago

Ok in this case if the horse gets injured it is possible that you will be held liable.

it is important that you check your insurance policy on this matter.

I have extended a special offer to talk on the telephone if you prefer ?

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Customer reply replied 7 months ago
Sorry my phone went flat .
I’ve already been charged $66 now you want another $7 .
I’m just wanting an answer if I can get sued for horses leaning over a fence
Solicitor: John Melis, Lawyer replied 7 months ago

the answer is no

but if the horse gets hurt because of the fence you will be liable in part

would you like to talk on the telephone in more detail ?

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Customer reply replied 7 months ago
It’s not his horse . He has no animals . I don’t think you’re reading this correctly . I’ll say it again .
The problem my neighbour has is the fence . My renters have the horses that occasionally try to eat the grass over the neighbours fence & lean on the fence .
My neighbour said he is going to sue me for the fence when I paid for the fence in the first place .
Solicitor: John Melis, Lawyer replied 7 months ago

ok.

let it me put it this, you have rented the property, and the tenants have a horse.

if the horse puts its head over the fence this is not a problem, but if it places the neighbor into fear this may result in a pu nuisance claim.

if the horse injuries itself because of the fence you will be in part liable.

does this answer your question ?

Talking on the telephone you will be able to have a a clearer answer on your matter if you prefer ?

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