Neighbour Trespass

Discussion in 'Legal Issues' started by Mits, 29th May, 2018.

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  1. Mits

    Mits Member

    Joined:
    17th Aug, 2017
    Posts:
    5
    Location:
    Perth
    Hi all,

    I need some advice how to deal with my neighbour, possibly legally.

    I subdivided a piece of land into 2. Sold 1 and kept 1. We're both building our houses with separate builder. I followed the process/legal to get permission from my neighbour as my builder will need access to their land from time to time. No issues here. I started the process first for building (2 storey).

    1. My neighbour has completed their build (single storey). They have never requested my permission to be on my land or use it for their materials, etc. I had no issues as I was using their land. What frustrates me is that the neighbour or the builder never once thought they should ask for permission.
    2. During my neighbours build (Electricity), I caught their builder twice using my electricity (the electricity dome was on part of the land but there were 2 connections with clear builders name on each electricity connection). The first time the builder said it was a mistake by the workers and then will 'not' compensate me for anything.
    3. During the build (water), they have been using my water to compete their build. I raised this with the builder and the neighbour. They didn't even know where their meter was. I dug it out for them and told them where it was. Again, not a single apology by anyone or even a hint of paying something towards the water. Daylight robbery and a bully.
    4. Water meter - as part of the subdivision I (Water Corp) had installed a new meter on my side of the land. The original meter wasn't touched but was located on part of the land (found out during point 3 above). My neighbour has moved the water meter without informing me. I wouldn't of had the issue but they came onto my land without permission and moved it. Now they have the nerve to ask me to pay for moving the water meter. I'm more interested in the neighbour illegally coming onto my land and moving it without asking for permission to be on land.

    The neighbour has no consideration for me whether it's ethics or legal. The way I see it, they have illegally been on my land as well as stealing my electricity and water. Not once have they apologised even when confronted (email).

    I need your urgent help and advice on how to deal with this bully who doesn't seem to have any respect for law or neighbour.

    Thanks
     
  2. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

    Joined:
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    23,555
    Location:
    Sydney
    Install meter (padlock on meter - MUST be keyed to elec authority or you can get fined) and water locks (most have a tab with a hole for this purpose and it will prevent someone turning water ON without a key, if not a new meter may be needed) and then negotiate a fee for access to services if they ever ask. No costly lawyers needed. Refuse to pay the meter relocation cost if its ever raised again.

    The costs of theft are largely trivial but I agree that they arent being courteous. No sense starting a life long war over $20 of water or power.

    I can see a fence issue coming :eek:
     
    Last edited: 29th May, 2018
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  3. Mits

    Mits Member

    Joined:
    17th Aug, 2017
    Posts:
    5
    Location:
    Perth
    Thanks Paul.

    I agree and it's not about the small cost of water/electricity but more about not letting them think they can get away with anything they want to do. Who knows what's next?

    Water Meter - I do plan to make any payment towards the relocation of their water meter as I followed the subdivision process/rules. Also, they bought the place knowing where the meter is located. They're trying to get some freebies which is not going to happen.
     
  4. wylie

    wylie Moderator Staff Member

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    Location:
    Brisbane
    Did you mean to say "I do NOT plan to make any payment..."?
     
  5. Mits

    Mits Member

    Joined:
    17th Aug, 2017
    Posts:
    5
    Location:
    Perth
    Oops...nice pick up. Yes - I do not plan to make any payment......
     
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