Looking for legal advice RE fences

[jetcrew]

Thanks for all the advice After the run around I have discovered the following.

I do not have a dividing boundary dispute at all  given the fence was constructed nearly 12 mths ago it is argued that there exists no dispute as to it,s being there..

what I do have IS A minor civil dispute 

the burden of proof is a reverse ownus, so i put my receipts forward and they can claim that they do not/did not want / have not / will not benefit from or have no requirment for the dividing fence. Best part is that because it is a boundary fence they are actually 50% owners by fencing laws weather they like it or not. so good luck proving it's not for them and the $1200 for 75mtrs of fence is far less than the cheapest type of fence you could find. works out at $34.00 per meter and they pay half.

And a verbal agreement is sufficient grounds for a minor civil claim,

 and the previous fence was replaced as the dogs got into each other and council laws state that dog owners must have adequate fencing under the ACT and if any part of the dog can get under/over through then the fence is not deemed as adequate. 

So my facts are

Verbal agreement
Failure to pay
They are 50% beneficiaries of the fence.
They have a requirement under the act to have a dog proof fence as per council regs.

So I have just done all the paperwork and will lodge with court on Monday $114.00

Then the best part is I HAVE to personally serve them LOL and fill out a REG 9 affidavit

So I will put the 2 sections of fence back  in morning as he who laughs last, laughs loudest

Oh and council rangers have been called regarding the threat to incite a dog fight apparently that's an offence....somewhere to knowingly incite animal fights. Oh and you need a breeders licence to bread dogs / oh and you need permission for 3 dogs.  Oh and your stormwater needs to be plumbed in to pipes not dripping on the ground from shed / oh and its an offence to not have your septic hose on .

can't wait for this 

Jet


 

[speewa158]

Arrrr the Carma Bus ,,,,,, when it backs up its really up your @#$%

[D4D]

Oh and your stormwater needs to be plumbed in to pipes not dripping on the ground from shed

Really? I don't think that is the case in VIC

[Jacko]

So my facts are

Verbal agreement
Failure to pay
They are 50% beneficiaries of the fence.
They have a requirement under the act to have a dog proof fence as per council regs.

So I have just done all the paperwork and will lodge with court on Monday $114.00

Then the best part is I HAVE to personally serve them LOL and fill out a REG 9 affidavit

So I will put the 2 sections of fence back  in morning as he who laughs last, laughs loudest

Oh and council rangers have been called regarding the threat to incite a dog fight apparently that's an offence....somewhere to knowingly incite animal fights. Oh and you need a breeders licence to bread dogs / oh and you need permission for 3 dogs.  Oh and your stormwater needs to be plumbed in to pipes not dripping on the ground from shed / oh and its an offence to not have your septic hose on .

can't wait for this 

Jet


 

Looks like they picked a fight with the wrong bloke!  Good luck

[02-SR5]

Is the $1200 bucks worth the Argo? Put the fence back up, accept that they are A-holes and you have done your dough. Get on with your life and wait for karma to kick in.

Cheers Andrew

Mate,

I would follow this advice. Cut your losses and move on with life. Murphy will turn up one day and kicks his door in. Karma has a habit of doing that.

[Mace]

Good stuff.

Take an independent witness when you serve notice.  Mite also ensure they act civilly.

[xcvator]

Really? I don't think that is the case in VIC

If you need a building permit for the shed that's the rule

[D4D]

If you need a building permit for the shed that's the rule

Hmmm, I had a plumber add 4 downpipes to the front of our place as there was too much water for the existing 2, too much effort due to the block slope to plumb them into the stormwater so he ran them into the garden...

[jetcrew]

Really? I don't think that is the case in VIC

that's what they told me must be connected to storm water for final approval.

AS for move on with life. i agree with that if it will cause stress in your life, in this case i will enjoy the process and learn something from it and they will have all the stress.

They are a bad example and should be held accountable, they will prob cry poor with their new prado in driveway and thier 500K house and I will prob get $2 a week for 6 years ..but its the principle of the matter.

They sat their and watched me bust my ass for 4 days building that fence last summer while they sat in the aircon (heard motor running all day).

People like this think they can get away with it and I am sure their are less able people than me who would just have to take it but if I can I will hold them accountable because when they move out of here they will prob do this again to some other poor sod but might think twice about it ..

Oh and lara said i can spend the money on the crusier...they are stuffed now....

Jet

[jetcrew]

Good stuff.

Take an independent witness when you serve notice.  Mite also ensure they act civilly.

will have a micro running whole time...

Jet

[Stozz]

Put your phone on a lanyard around your neck and have the video recording. And take someone with you, for sure.

But... Don't let this consume you. Let it run its course. You'll come up trumps in the end.

[Swannie]

I'd put a timber fence and light it up
Swannie

[Big Tread]

Really? I don't think that is the case in VIC

Depends on the size of the shed. If its bigger than 10 square meters it needs a building permit and must be plumbed to a legal point of storm water discharge - believe me, it's just taken two years to get a planning and building permit in Nillumbik for a 15 square meter garden shed because the neighbor complained.

Good outcome on the fence, in Vic at least you are allowed to enter your neighbors property with a horse, bullock or donkey carrying the materials to build or repair a fence (that's how old the act is). I think my neighbor complained about my shed because I threatened enter her property with a bullock to repair our common boundary fence that had collapsed and hit our house. 

That'd be laugh to have your beast trash their garden and crap all over the place while it delivers the fence materials

[jetcrew]

Put your phone on a lanyard around your neck and have the video recording. And take someone with you, for sure.

But... Don't let this consume you. Let it run its course. You'll come up trumps in the end.

sound advice stozz. I will be moved on by morning got a cargo barrier to build , and just let it do its thing after lodging forms.

let the magistrate decide i say $114 for a possible $1200 return is bloody good odds and well worth the minimal effort I reckon.

Jet

[4wd26]

Be careful, was it your dog that crossed the fence and got the smaller dog?

Recorders need to be informed that it is being used

You are running a dangerous game that could go either way, even if you see it clearly

[jetcrew]

Be careful, was it your dog that crossed the fence and got the smaller dog?

Recorders need to be informed that it is being used

You are running a dangerous game that could go either way, even if you see it clearly

1, Dog was pulled through fence.

2, No requirement in QLd if party recording is in the conversation. (im told by internet will confirm with court)

3. I see your point but really i have nothing to loose /taking no risk except losing another $114.00 provided I tell the truth and provide all my receipts and  statements as per my version of events i can't see any point where i am going to get into trouble . the Qcat website has a step by step how to guide on the serving of the papers clearly telling you what and how to say it and that you can knock on door and just drop papers at floor after ID the respondent.

Given this framework is used for amounts up to $25000 I am at the bottom end. So it should be very simple. time will tell but i am committed to taking action and doing it legally rather than having their poor  behaviour lead me astray.

In my world when you make an agreement you make good on it. The law says i can't extract my money my way .but does provide this mechanism so either I accept the loss or follow the framework as dictated by the law.  I am choosing the later although more work, it at least lets me take some action without compromising myself.

Jet

[Rumpig]

I had fence issues with an A-hole neighbor, when he spent thousands getting his storm water plumbed into a drain that was no longer in use I could have mentioned it wouldn't work, after his entire yard got flooded he spend another big wad getting it re plumbed and I had awarm fuzzy feeling and a big smile.

Cheers Andrew

reminds me of the plumbing problem my olds had at their place many years back. the land developer of the housing estate hadn't finished running the storm water pipe from the back 2 properties through the oldies yard to the gutter (it ended at the back of the house we found out when it rained and water came bubbling up out of the ground). my oldies approached the neighbours and suggested they do a 3 way split on getting a plumber in to run the rest of the pipe to the gutter out the front of their house, to which the neighbours up the back said...not our problem it's in your yard. it soon became their problem when we capped the pipe to stop the water flowing through it  strangely enough they were happy to chip in and pay to fix the problem after that 

[jetcrew]

reminds me of the plumbing problem my olds had at their place many years back. the land developer of the hosuing estate hadn't finished running the storm water pipe from the back 2 properties through the oldies yard to the gutter (it ended at the back of the house we found out when it rained and water came bubbling up out of the ground). my oldies approached the neighbours and suggested they do a 3 way split on getting a plumber in to run the rest of the pipe to the gutter out the front of their house, to which the neighbours up the back said...not our problem it's in your yard. it soon became their problem when we capped the pipe to stop the water flowing through it  strangely enough they were happy to chip in and pay to fix the problem after that 

Thats gold

Jet

[Symon]

I dunno about legalities, but a bloke at work had a similar story.

He lives on acreage, so it didn't bother to build a fence 1ft inside his boundary.

His side was a nice colour, he painted the other side bright pink. The bloke next door didn't have a leg to stand on because the fence was inside his property, and not on the actual boundary.

He approached the bloke next door months earlier, all he got was very bad and abusive language and dog poo thrown on his side till the fence went up.

The bloke next door cannot touch the fence, as it will mean he is now trespassing. He now has to look at over 200ft of pink fence.

Reminds me of this - http://www.snopes.com/photos/risque/ventcover.asp

You also need to do some gardening -

[MarkGU]

Got hold of the building inspector at the council tell him your tale & see what he says . Then get 3 back dated quotes for the same job & stick it to him . Or on a  :cheers:sunny day remove the fence so you can get a good sun tan ALL OVER , are you with me

you are one sick puppy Jamie 

[dooguss]

Remind me never get on your bad side please mate. Hope it all works out.

[fuji]

Arrrr the Carma Bus ,,,,,, when it backs up its really up your @#$%

[fuji]

Depends on the size of the shed. If its bigger than 10 square meters it needs a building permit and must be plumbed to a legal point of storm water discharge - believe me, it's just taken two years to get a planning and building permit in Nillumbik for a 15 square meter garden shed because the neighbor complained.

Good outcome on the fence, in Vic at least you are allowed to enter your neighbors property with a horse, bullock or donkey carrying the materials to build or repair a fence (that's how old the act is). I think my neighbor complained about my shed because I threatened enter her property with a bullock to repair our common boundary fence that had collapsed and hit our house. 

That'd be laugh to have your beast trash their garden and crap all over the place while it delivers the fence materials

That's Nilumbik for you. You can't fart in Nilumbik without a permit.

[fuji]

Be careful, was it your dog that crossed the fence and got the smaller dog?

Recorders need to be informed that it is being used

You are running a dangerous game that could go either way, even if you see it clearly

If the conversation is between two people you don't have to tell them. In Vic that is.
fuji

[KingBilly]

If the conversation is between two people you don't have to tell them. In Vic that is.
fuji

Same in Qld

KB