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How is this for a fence dispute

Discussion in 'Legal Issues' started by Depreciator, 22nd Jan, 2016.

  1. Depreciator

    Depreciator Moderator Staff Member

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  2. Paul@PFI

    Paul@PFI Tax Accounting + SMSF Business Member

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    Its technically wasn't a fence as that is prohibited. It was a elaborate kids fort. I query if the timber had been treated for fire. That might have been step 1.
     
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  3. Perthguy

    Perthguy Well-Known Member

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    Building a "child’s play fort" to deliberately block someone's view is a despicable thing to do. I wonder what the builder of the "fort" was upset about to take such an extreme action? He certinaly comes across as a jerk:

    The man who built the four-metre-high fence blocking his neighbours' views of Wellington Harbour has told a court he felt no need to consider its effects on them.

    "As I understand your position," Cameron said, "you are of the view that, provided what you are doing complies with the [city council's] District Plan, you don't have to have regard to what affects them?"

    "Pretty much, yeah," Walmsley replied.
    "So it was too bad for the Aitchisons?" Cameron asked.
    "I think, yeah, pretty much, if it blocked their view. It's not necessarily too bad, and it's something to be expected," Walmsley said.

    Cameron asked if it was important to consider the effect on his neighbours.

    "I think if you are doing something for your own residential purpose, and on your land, then you do it," Walmsely said.

    But he said his aim was privacy and, if what he was doing was reasonable on his own property, he did not have to have regard to his neighbours.
    'It's on my land'

    It seems that he could have achieved privacy without building a 4 metre structure to deliberately block someone's view. Seems petty, malicious and vindictive to me.
     
    York likes this.
  4. Paul@PFI

    Paul@PFI Tax Accounting + SMSF Business Member

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    Common. In my local area a landowner filled his yard to raise his land far above 4-5 neighbours. They all complained his pool water made theirs wet and height increase of over 600mm meant his noise, guests etc all overlooked creating privacy issues. Council agreed and argued it was unapproved site works without engineering approval and demanded the approved pool be demo'd and site cleared (leaving just house). He went to land & Envio and lost. Owed council for legals and rates he stopped paying etc....The $80K pool cost him hundreds of thousands. He argued he couldn't pay. Council took caveat. Then they invoked Local Govt Act which allows them to sell property to recover even a small debt. Council sold property with conditions to restore property to original condition....

    Welcome to Hills Shire Council. Arrogant ahole owner v's Council. Victory to the people.
     
  5. Perp

    Perp Well-Known Member

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    That poor couple, being put through such stress and expense because of assholes like Walmsley. Grrrr.
     
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