Trespass?

Discussion in 'Legal Issues' started by SeafordSunshine, 12th Sep, 2015.

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  1. SeafordSunshine

    SeafordSunshine Well-Known Member

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    Absentee Landlady returns to find neighbour has installed TV arial above her roof.
    She mentions to neighbour 'doesn't want it there'
    2 years later, Abs. Landlady discovers TV arial has been relocated to another position , also above her roof,
    Furthermore new arial is directly below her Kitchen Air vent ,which now leaks.
    What sort of action should be taken?
    In the last 6 weeks the neighbouring (terrace house) have been asked twice, to take it down.
    Landlady now paying for repair to Kitchen air vent, and TV arial is still 'up'.

    Any thoughts? Cease and desist letter?
    are there websites you can get the correct wording?
    thanks
    SeafordSunshine
     
    Last edited: 12th Sep, 2015
    SeafordSunshine, 12th Sep, 2015
    #1
  2. spludgey

    spludgey Well-Known Member

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    The only way that I can make sense of this is if it's in a unit or a townhouse, is that right?
    If that's the case, strata might be the first point of call to see whether they gave intermission for the installation.
     
    spludgey, 12th Sep, 2015
    #2
  3. SeafordSunshine

    SeafordSunshine Well-Known Member

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    It's a 2 storey terrace house. (Freehold) Sydney Inner city, the end one in a row of 6, sorry I wasn't clear about that!
     
    SeafordSunshine, 12th Sep, 2015
    #3
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  4. S.T

    S.T Well-Known Member

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    Treat it like a tree and cut off the sections that are over her side of the property!
     
    S.T, 12th Sep, 2015
    #4
    KayTea likes this.
  5. SeafordSunshine

    SeafordSunshine Well-Known Member

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    She would love to! Its a TV arial with electricity running to it... Zap!
     
    SeafordSunshine, 12th Sep, 2015
    #5
  6. Propertunity

    Propertunity Well-Known Member

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    Likely to be 9-12 volts power supply not 240V. But I'm not suggesting that she undertake that course of action. A $100 solicitor's letter might be better :)
     
    Propertunity, 12th Sep, 2015
    #6
  7. Chrispy

    Chrispy Well-Known Member

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    This happened to me. Except it was my TV people that installed the dish on next door's roof!!! I am in Melbourne and the IP was in Cairns. My neighbour was very upset. We had been friends before this occurred. Anyway, I got on to the TV dish installers and had them move it immediately. Their reason was ... It was better reception on next door's roof!!!! We then had to get the holes repaired. It was an expensive exercise but I did not pay...the installers did!!!!
     
    Chrispy, 12th Sep, 2015
    #7
  8. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    Yes this is tresspass.

    I have a client with a similar problem with a terrace. I passed it on to another lawyer and he is up to abouve $12k in legal fees so far to submit a statement of claim..
     
    Terry_w, 12th Sep, 2015
    #8
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  9. SeafordSunshine

    SeafordSunshine Well-Known Member

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    Would you be able to forward me the Solicitors details?
    I will pass them on,
    thanks
    SeafordSunshine
     
    SeafordSunshine, 12th Sep, 2015
    #9
  10. wylie

    wylie Moderator Staff Member

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    What would your advice be to deal with this situation (the first post in this thread)?
     
    wylie, 12th Sep, 2015
    #10
  11. Scott No Mates

    Scott No Mates Well-Known Member

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    A little bit of accelerant on the coax to make it deteriorate and fail.
     
    Scott No Mates, 13th Sep, 2015
    #11
  12. Scott No Mates

    Scott No Mates Well-Known Member

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    Cockatoos landing on aerials help as well, can you put food up there for the birds?
     
    Scott No Mates, 13th Sep, 2015
    #12
  13. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    My advice would be to seek legal advice
     
    Terry_w, 13th Sep, 2015
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  14. wylie

    wylie Moderator Staff Member

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    Your first reply seemed to be pointing out that going down the legal path was possibly going to cost a lot. Is the $12K in legal fees you mention in the first quote what happened when a simple (and hopefully cheap) first letter from a lawyer turned into a more complicated matter?

    If I knew I was heading down the track of possibly racking up this type of bill I'd just forget it.
     
    wylie, 13th Sep, 2015
    #14
  15. Samten

    Samten Well-Known Member

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    Simple if it is on your property remove it or get someone to remove it end of story.
     
    Samten, 13th Sep, 2015
    #15
  16. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    yes, these things can cost a fortune.
     
    Terry_w, 13th Sep, 2015
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  17. wylie

    wylie Moderator Staff Member

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    I wonder if it would cover your butt to send a letter advising her that the offending equipment will be removed on "choose a date" and returned to her property unless arrangements are made by her to do this herself.

    Could you touch her property even if it is on your roof without risking her making a counter accusation against you? Terry?
     
    wylie, 14th Sep, 2015
    #17
  18. dabbler

    dabbler Well-Known Member

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    I would have it removed, thrown onto the offenders property at the same time advise them not to come onto the property or attach anything to my property via the local police and registered mail.

    They are taking advantage......

    In her case I would have another do it for her so she is not bullied over it, as this is what this type of person will likely do.

    Otherwise, advise them of a rental fee & start charging them, with arrears of course.

    Just have someone double check that it IS her property first.
     
    dabbler, 17th Sep, 2015
    #18
  19. wylie

    wylie Moderator Staff Member

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    I think this just inflames the situation. I'd be interested to hear whether sending a letter advising the offending equipment will be removed on a certain date unless it is arranged by her before that is enough to cover yourself.

    Terry?
     
    wylie, 17th Sep, 2015
    #19
  20. dabbler

    dabbler Well-Known Member

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    I would not be worried about offending them myself or the inflaming, I am offended they are taking her for a ride, assuming the facts match what I read, I know what type of people they are.

    You do not have to advise if it is your property, I would advise though in a formal way that it is not welcomed and private property, so you can act further if they ignore the request. You cannot keep the property for your own use, I would not try and intentionally damage it during removal.

    I would suggest they are past the "nice neighbor" type scenario, I think your very reasonable and I would like you as a neighbor most likely, but sometimes enough is enough, and these people need to know "enough".
     
    dabbler, 17th Sep, 2015
    #20
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