VIC: Neighbours post box is on our side of the fence and Garage rain water in our yard

Discussion in 'Legal Issues' started by kaibo, 10th Jan, 2018.

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  1. kaibo

    kaibo Well-Known Member

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    It has a pole to the ground on our side of the fence and the box actually sits on the boundary fence (90 degrees to neighbours front fence).

    Also the garage sticks out to our side of the fence a little but this may have been for a while but I can see they've opened up two holes to let rain water flow directly into our backyard and the water from their second floor is also put on the garage roof.

    I am running a re-establishment of title survey but what do you guys suggest I do?

    Does adverse possession come in to play at all?

    Since the water is coming out of those 2 openings deliberately can I plumb it back to front/back yard?

    Should I involve lawyers? I feel very taken advantage of as being an IP I can't see all these dirty tricks
     
  2. turk

    turk Well-Known Member

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    Have you made an effort to speak to the neighbours to try to resolve the issue?
     
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  3. hobartchic

    hobartchic Well-Known Member

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    How has anyone taken advantage of you? Did they move things since you bought? If you want to change things then try and charm the neighbours and offer to move the letter box but it's probably perfectly legal where it is and not worth thousands in legal costs. The garage issue probably does need to be fixed if the rain is causing damage to your property. These issues should have been noticed prior to purchase and preferably dealt with prior to settlement.
     
  4. datto

    datto Well-Known Member

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    I bet the neighbour has no front fence. That's why the letterbox is on the boundary with your property.

    And he won't put the letterbox in the middle of the front boundary because it's been cleaned up too many times by the car.

    They sound like bogans to me. Dodgy ones at that. I've seen this happen in the Druitt.

    Bite the bullet and have a word with them. If they are bogans throw a few grunts in the conversation lol.

    If this doesn't work then it's off to the council. Just make sure your house is in order so there is no come back to you. And that pole has got to go!
     
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  5. WattleIdo

    WattleIdo midas touch

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    I know what you're saying @kaibo. I see it a lot with home owners thinking they're a few pegs above the landlord/tenant/ip next door and taking up more space than they need. There'll be some invalid excuse that was decided on 25 years ago.
    Of course you'll have to talk to them first but I doubt it will do any good. If they were the kind of people who would respond to talking, they wouldn't be invading your property in the first place. These people have a firm mind-set and 'a place in the community' and don't want to mess up their own place in any way.
    Proprty is property and good fences make good neighbours. Yes, I would go ahead with whatever process you can to get them out of your face, even if just for the principle of it.
     
    Last edited: 11th Jan, 2018
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  6. Ghoti

    Ghoti Well-Known Member

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    Im confident that you must confine all storm water to the 'legal point of discharge'...so they need to fix that.

    Title boundaries can be a little tricky with old (pre 1940s) subdivisions as they used to allow 6" between titles for the fence, so that may mean their letterbox is not actually on your property.
     
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  7. Marg4000

    Marg4000 Well-Known Member

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    I wouldn't worry to much about the letterbox.

    But have a chat to the neighbour about running rainwater onto your property. If he won't fix it, then tell him you will have to contact the local council. In most areas it is illegal to divert rainwater onto a neighbouring property.
    Marg
     
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  8. kaibo

    kaibo Well-Known Member

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    taken advantage?
    both things do not past the pub test, they've got over 15m of frontage to put a 20cm post box on their side, stormwater from second floor and garage directed directly into our backyard. Regardless of how long its been there it is wrong
     
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  9. kaibo

    kaibo Well-Known Member

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    and we have recently have mould issues in the house on that side so plumber and builder thinks it could be that
     
  10. hobartchic

    hobartchic Well-Known Member

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    Ah, well, either I misread things or that detail was not in your original post. 15m is significant.