Australia Law

Have Australian law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

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: 4 months ago.Category: Australia Law
Show More
Show Less
Ask Your Own Australia Law Question
Answered in 23 minutes by:
12/15/2017
Solicitor: John Melis, Lawyer replied 4 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 2,449
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Dear customer, my name is***** solicitor in Melbourne, thank you for using Just Answer, I will assist with your question today.

Ask Your Own Australia Law Question
Solicitor: John Melis, Lawyer replied 4 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 ?

Ask Your Own Australia Law Question
Customer reply replied 4 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 4 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 ?

Ask Your Own Australia Law Question
Customer reply replied 4 months ago
There’s no gap it’s a 4 strand wire fence
Solicitor: John Melis, Lawyer replied 4 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 ?

Ask Your Own Australia Law Question
Customer reply replied 4 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 4 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 ?

Ask Your Own Australia Law Question
Customer reply replied 4 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 4 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 ?

Ask Your Own Australia Law Question
Was this answer helpful?
Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
863 Satisfied Customers
Experience: Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Deborah Awyzio is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Deborah Awyzio

Deborah Awyzio

Solicitor

863 satisfied customers

Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Sean

Sean

Experienced lawyer

855 satisfied customers

Law degree with 1st class honours from Australian National University.

James G.

James G.

Lawyer

17 satisfied customers

Australian Legal Practitioner

Darren Kruse

Darren Kruse

Solicitor

16 satisfied customers

Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.

Leon

Leon

Solicitor

26,412 satisfied customers

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

Daniel

Daniel

Solicitor

5,833 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

James D. Ford

James D. Ford

Solicitor

1,600 satisfied customers

Consulting Principal at Nexus Law Group

< Previous | Next >

Related Australia Law Questions
I hope I'm in the right place. I was wondering if we have a
Hi Pearl, I hope I'm in the right place. I was wondering if we have a case against Dodo internet. We moved houses in March and were supposed to be connected to the internet on 23 March. We still have … read more
Leon
Leon
Solicitor
Master's Degree
26,412 satisfied customers
I feel that I've been bullied at work by a boss .. that I
I feel that I've been bullied at work by a boss .. that I contract to .. what can I do ? … read more
John Melis
John Melis
Lawyer
2,449 satisfied customers
I had a mediation with my lawyer and my ex-husband. He wants
I had a mediation with my lawyer and my ex-husband. He wants my 12 y old to spend time at his current place and stay overnight but she doesn't want too. It has been going for 2 years I have been bulli… read more
Leon
Leon
Solicitor
Master's Degree
26,412 satisfied customers
If an Australian person overstays in Malaysia what is the
If an Australian person overstays in Malaysia what is the penalty/fee applied until the leave that country? … read more
Leon
Leon
Solicitor
Master's Degree
26,412 satisfied customers
Are you able to get out of a agreement with a partnership in
Are you able to get out of a agreement with a partnership in a small business With out any high costs involved. As the other party is running the shop and has paid out for stock etc. I am working full… read more
Leon
Leon
Solicitor
Master's Degree
26,412 satisfied customers
I have two cars under finance they are under my husband's
I have two cars under finance they are under my husband's name, and we got a letter from the finance company that they want to repossess vehicles the original loan amount was for $24000 now the remain… read more
John Melis
John Melis
Lawyer
2,449 satisfied customers
Below mentioned email is a response from a land agent when I
HiBelow mentioned email is a response from a land agent when I enquired about sharing 50% of the water bill payment during the summer period. I have been genuinely taking care of the garden and mainta… read more
John Melis
John Melis
Lawyer
2,449 satisfied customers
I accidently insured my holiday in Australia instead of
I accidently insured my holiday in Australia instead of international, couldn't change it, however my Qantas flight to Brisbane was cancelled. The insurer was Qantas, and l had to go the day before, s… read more
John Melis
John Melis
Lawyer
2,449 satisfied customers
I was purchasing a motor car through a dealer from Brisbane
I was purchasing a motor car through a dealer from Brisbane motor dealer auctions. We paid 1600 dollars in deposit and holding fees and a transport fee that they required in advance. We were unable to… read more
John Melis
John Melis
Lawyer
2,449 satisfied customers
I was given a written notice of pleading to fill in if I
I was given a written notice of pleading to fill in if I dont want to attend court and if so, what affect it has … read more
John Melis
John Melis
Lawyer
2,449 satisfied customers
We leased a broodmare but contract was never signed. We paid
We leased a broodmare but contract was never signed. We paid for the up keep of horse and service fee for foal and expenses for foal. We registered the foal in our name with racing aust. The deal was … read more
John Melis
John Melis
Lawyer
2,449 satisfied customers
I have a district court matter i need advice on please
good morning i have a district court matter i need advice on please my name is ***** ***** … read more
John Melis
John Melis
Lawyer
2,449 satisfied customers
I am not sure who I should speak to ...so I am hoping you
Hi, I am not sure who I should speak to ...so I am hoping you can point me in the right direction. … read more
Leon
Leon
Solicitor
Master's Degree
26,412 satisfied customers
Our business has been asked to conduct research on client's
Our business has been asked to conduct research on client's retail staff that involves the recording (and possibly videoing) of the interaction between the researcher and the office staff member. The … read more
Leon
Leon
Solicitor
Master's Degree
26,412 satisfied customers
An I talk on the phone ratheer plz...> can. Gold coast QL.
Everything except court... medistion with QCAT 3 dys ago... a disaster... I do not want to continue with them … read more
Leon
Leon
Solicitor
Master's Degree
26,412 satisfied customers
A fortnight ago I was dismissed from my job.Although I had a
A fortnight ago I was dismissed from my job.Although I had a contract they gave me no explanation or time to get used to the idea.I complained & was given work in another pharmacy with less hours.Is t… read more
Leon
Leon
Solicitor
Master's Degree
26,412 satisfied customers
Quite a few years ago I had an Insurance policy with AIG for
Quite a few years ago I had an Insurance policy with AIG for accident policy and the monthly payment was $9.95 per month. I cancelled this policy many years ago and suddenly they have taken out $9.95 … read more
Leon
Leon
Solicitor
Master's Degree
26,412 satisfied customers
Purchased a printer from office works and the printer
Purchased a printer from office works and the printer displays PRINTER HAS A PROBLEM turn off and turn on again,the printer won't turn back on,can the printer be returned for refund or changed for ano… read more
John Melis
John Melis
Lawyer
2,449 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x