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We live in a land lease community and the owner wants to put…

hello we live in a land...
hello
we live in a land lease community and the owner wants to put a fence through the back of our leased property approximately 1 - 2 meters in from the boundary. what are our rights in regards ***** *****rfegards Nick
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Answered in 5 minutes by:
3/15/2018
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 2,442
Experience: Principal Lawyer at Legal AU Pty Ltd
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Hi, my name is***** solicitor in Melbourne. Thank you for using Just Answer, and I will answer your question today, and ask various questions to narrow the issues in your post raised.

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Nick, unless the lease permits the access by the owner, then the owner cannot put a fence up and you can claim trespass to that owner

the law will protect your rights under the lease

did I answer your question today ?

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Customer reply replied 1 month ago
would like to give you some more info.
the subdivision behind us is owned by the same person. they have not notified us that this is going to happen and they have already entered our leased "plot" put up a construction fence within our boundary. it will be a combination drain, low retaining wall with a fence on top. They are about to dig trenches and start construction in the next days. Can I approach the police to stop this from happening.

this is a civil action and you will need to bring the matter into the local tribunal or court.

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Customer reply replied 1 month ago
no thank you just need a brief answer thank youwould like to give you some more info.
the subdivision behind us is owned by the same person. they have not notified us that this is going to happen and they have already entered our leased "plot" put up a construction fence within our boundary. it will be a combination drain, low retaining wall with a fence on top. They are about to dig trenches and start construction in the next days. Can I approach the police to stop this from happening.

this is a civil action and you will need to bring the matter into the local tribunal or court.

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Customer reply replied 1 month ago
sorry did not see your above reply
if the situation becomes heated can i call the police, can i prevent the builders from coming onto our lease hold

yes you can and get a AVO protection order

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John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 2,442
Experience: Principal Lawyer at Legal AU Pty Ltd
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Customer reply replied 1 month ago
Hello John
THANK YOU VERY MUCH FOR YOUR INFO!!!
You were a great help to a couple of very tense days.
Just to clear up one point. he can have access if he notifys us but only to do maintenance or urgent repairs to the property.
please note that we are clear on the point that we are in a land lease community.
Customer reply replied 1 month ago
please clarifyJust to clear up one point. he can have access if he notifys us but only to do maintenance or urgent repairs to the property.
please note that we are clear on the point that we are in a land lease community.
Customer reply replied 1 month ago
15 March 2018 09:14
please clarifyJust to clear up one point. he can have access if he notifys us but only to do maintenance or urgent repairs to the property.
please note that we are clear on the point that we are in a land lease community.

ok

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Customer reply replied 1 month ago
15 March 2018 09:27
15 March 2018 09:14
please clarifyA/;Just to clear up one point. he can have access if he notifies us but only to do maintenance or urgent repairs to the property.
please note that we are clear on the point that we are in a land lease community.
B/; Can he legally construct a fence 2 mtrs within our leased boundary and a cul-de-sac as per the DA while we have leased the property?
Shouldn't he have to wait until our lease changes hand, then adjust the boundaries for a new tenant? and then do the construction?

A = yes

B = is subject to the conditions under the lease

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Customer reply replied 1 month ago
Hi John
Please note that there is no "cad-astral" boundary (not sure if this is the correct term.....)
between us and the works being carried out.
It does not state in the lease that any such works were to occur or can be carried out.
Only urgent repairs.
So can he change the boundary and put in the fence whilst it is leased to us.

no he cannot.

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Customer reply replied 1 month ago
Hi John
Thank you very much for your help!!!
I am sorry but I cannot afford to go with you, if I need to pursue the matter further.
So I will try to go through legal aid.
Kind Regards
Nick

you are most welcome Nick.

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Customer reply replied 1 month ago
Hi John
what would be the legal situation if on a large parcel of land owned by one owner had a subdivision lodged with council and the lands department. And then another subdivision lodged on the same parcel of land at a later date with the second subdivision encroaching onto the first subdivision with out any amendment to adjust the first parcel to accommodate the "cross over of subdivisions" and now the second subdivision has an approved DA on it that encroaches leased land on the first subdivision.
Would this be illegal .......lonnnng winded I know but this is what is going on on our leased block....

this would require detailed assessment to determine the answer

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Customer reply replied 1 month ago
ha ha ha I thought so..........
To simplify...
What would be the legal ramifications if council approved a DA that encroaches on a neighboring subdivision even if both are owned by the same owner.

it most likely will result in court action

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