Dividing fence -- can't locate owner

Dear forumites,

Seeking your advice on this issue.

I have a dividing fence that's badly in need of replacement, but cannot locate the owner of my neighbouring property. The neigbour's property is currently tenanted (which the owners self-manage) and the tenants don't speak English; I knocked on their doors for the owner's address and the tenants shared a local mobile number. However, I have had no response after leaving several voice and text messages to this number.

I have also approached the local Council for owners' contact address and, predictably, they fobbed me off citing privacy reasons.

Any thoughts as to how I can get their contact address so I can service a Fencing Notice.

Will much appreciate your input.

Stay safe.

Ric,

 

Which Council? Usually the Council will give the postal address that the rates are being sent to.

 

FOI request to council.

 

It's Ryde Council. Also put in a written request outlining the reason. Not holding my breath. Privacy, it appears, is sacrosanct.

 

All privacy statements include a clause about being permitted to pass on details in the course of business etc.

Ryde Privacy Statement

You are physically able to inspect the records.

 

Its called an access application form in NSW. Basically you need to dmonstrate to council you have a lawful reason. Most will do so informally IN PERSON to avoid that formality.

Informal application for access to information Contact your council for details about how to make an informal application.
When you make an informal application, the council may contact the owner and ask them if they approve having the information released. But if they play the lazy privacy card....

Access Application: You can write a letter providing further information about why you need to contact your neighbour and attach it to the access application form. If you cannot get a copy of the form you can just apply by letter. In your letter you should:

• state that you are making an Access Application under the Government Information (Public Access) Act 2009
• include your return postal address
• state that you are seeking a contribution to the costs of building, fixing or replacing a dividing fence from the owner of the neighbouring property
• state whether or not you have a lawyer
• ask for the name and address of the owner of the property neighbouring your property.

You will need to pay the application fee when you make your Access Application.

The council will consider your application and decide whether to provide you with the information that you have requested. For more information about Access Applications, go to the Information and Privacy Commission NSW website.

There is a third avenue :
If you have taken the steps listed above and you still cannot find your neighbour, you may need to make an application to the Local Court or the NSW Civil and Administrative Tribunal (NCAT) for a Fencing Order without giving notice to your neighbour (in their absence). But I do question that being of any use. So they grant a order. How would that work ? Will NCAT serve it on them ?

 

Catch 22?

 

1. Use Google translate and show the tenant your intention. Then ask if they can convey the message to them. Surely the owner is collecting rent from the tenant so they bound to have communication.

2. I know of an overseas owner who only turn on their mobile when in Australia. So their mobile is literally off. You might use whatsapp to see if there's a double blue ticks.

 

Should the above not work just push the fence nearest to the front of the property over on their side.
When the landlord shows up to collect the rent they will notice it, hopefully.

 

Thank you and other contributors for your thoughts. Council has already responded saying they cannot disclose the contact details. It's conceivable that the Council could have approached the owners if they would agree their contact details to be divulged and they said No. The reason I suspect this is that the local mobile number I have been provided by the non-speaking (?Chinese) tenants is a valid number, and she (worked out the gender of the co-owner who self-mange the property) picks up the phone and responds to text msg when the tenants contact her.
Further, I had over a year ago took the services of the Community Justice Centre for a related matter with this neighbour; there's an invasive plant growing about 30 cm from the common dividing fence and it pushed the fence my way. I had asked him to cut the plantt down (it's also 1.5 from my house wall, it's invasive, less than 4 m tall, and Council won't object), which he initially had agreed and then reneged. He (the male co-owner) did turn up for the first CJC mediation where he again promised he would address the matter when would return to Australia from South East Asia in six months' time. A year later nothing happened and I recently asked CJC to reopen the case. Accordingly they tried to contact him but he is not contactable.
So, I am in a pickle. I hate to go legal for two reasons: a) I would like to maintain good neighbourly relation (despite so far my experince with him being not so conducive to this); and second, the cost does not justify the outcome.
I can't even make urgent repair to the fence, for example, replacing rotten planks as this would involve going to their side of the fence and without their permission that would be trespassing.
So, there I am. Unsure how to resolve this impasse.

 

See step 2

Fencing Notice - Step by step guide

And
Finding your neighbour

 

There are allowances under council regulations for you to gain access to perform repair works, so you wouldn't be trespassing

 

That's BS, as per my previous post, anyone has the right to inspect the records

 

Thanks Wylie, that's a good suggestion, and I am wondering if some good Samaritan in this forum would share it, or alternatively, if I can join a group subscription.

 

title search? it's like $16.

 

Run the title search on the property, obtain owners name then run title search on owners name to obtain their PPOR (providing it's owned)