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Thread: Have a court date for my fence!!!! Yippee!!!!

  1. #1
    Join Date
    Mar 2011
    Location
    Regional NSW
    Posts
    94

    Default Have a court date for my fence!!!! Yippee!!!!

    Last night when I got home we had a message on the answering machine saying that finally our Land Dept hearing for our fence will be held in 2 weeks! Yippee, now maybe we will get a new fence that means I can stop stressing everytime Gigha is out of eyeline. I am not sure the process on the day but they have allowed for an afternoon and the following morning. I mean seriously how long can it it take? All we need to say is here is what the fence looks like, can we have a new one please and if so does he have to pay half.

    Best case scenario is that the neighbour is ordered to pay for his half of the costs. next best is that yes we can replace it but have to pay for the whole thing and worst case would be them saying we cant replace it. I cant see them doing that though, I mean we are replacing rural fencing with rural fencing and if they deem it 'adequate' but see our need to upgrade it for our uses then surely it is a simple matter to let us replace it and pay for it?

    Our neighbour obviously received a communication too as he was driving down the fenceline last night, checking for, I dont know what. I dont even know if he was notified that we had lodged it with the Lands Board. I think he may have thought we had forgotten about it. Ha NOT likely bucko!

    I am nervous and excited!

  2. #2

    Default

    Fingers crossed for a good outcome KK

  3. #3
    Join Date
    Jul 2011
    Location
    Sunshine coast Qld
    Posts
    1,121

    Default

    Good luck KK. It is sooooooooooo very silly you have to go through this in the first place..grrr.
    The greatness of a nation can be judged by the way its animals are treated.
    Mohandas Gandhi

  4. #4
    Join Date
    Aug 2011
    Location
    Canberra
    Posts
    4,291

    Default

    That is a lot of time to talk about a fence! Good luck. Hope you get the best outcome.

  5. #5

    Default

    I really do wish you 'Heaps of Good Luck' - I haven't read all your input on this problem - but - now that you have a hearing date in 2 weeks - please spend the time getting all the information required, organised as per the hearing requirements and expectations. Look at the sort of information required in this sort of instance - and please remember that emotion does not count in any court of law - only facts !

  6. #6
    Join Date
    Mar 2011
    Location
    Regional NSW
    Posts
    94

    Default

    Thanks everyone. I will give the Lands Board a ring tomorrow to find out a bit more about what will happen on the day. Knowledge is power!

    I have already submitted my whole case to the board when I lodged the application so there isnt a lot more to it really. His sheep poke their heads under the fence to eat our grass. His horse puts its whole upper body over the fence to get to our grass, our dogs got through it and fatally damaged 2 of his sheep. I dont want his stock hurt and I want to keep my dog safe. A new fence will do that but he has refused to go halves and refused to let us touch it to replace it in it's entirety, even if we pay for it. Hence why it is at the Board.

    Like I said it should be straight forward; can we build a new fence? Yes. So who pays for it, him and us or just us. Done. Easy!

    I am not agro over it, I just want to keep everyone's animals safe. It wont be fair if he gets a new fence for nothing but a year after the initial event I am over it. I just want a nice, new, safe fence.

    Thanks Everyone, I shall let you know how it goes.

  7. #7
    Join Date
    Oct 2010
    Location
    Southern NSW
    Posts
    3,784

    Default

    Seems such a waste of money to have to go to court, what a stupid person you neighbour is...Why not just get the fence fixed between the two of you.

    I wish you luck..it is terrible having horrible neighbours....Will be thinking of you
    Pets are forever

  8. #8
    Join Date
    Jan 2011
    Location
    Darwin Northern Territory
    Posts
    145

    Default

    I had a fence issue about 5 years ago - my jungle garden backs on to some Territory Housing units (NT Housing Commission) and had just a wire fence a little over a metre high. Some really atrocious neighbours were making life hell, rubbish continually thrown over the fence (broken beer bottles, dirty nappies etc) and I felt I just couldn't use the back yard, not to mention worrying about my then 1 young dog. I contacted Territory Housing and said I wanted to replace the fence with a 2 metre high colourbond one and asked if they would pay half. They said they had a policy on shared fence payments but no one would tell me what it was, let alone put anything in writing! But that I could go ahead and pay for the fence and submit the receipts to them and they'd work out what to pay.....

    Life got so awful I ended up just going ahead and getting it done - $8,000. Submitted the receipts and eventually got a letter back from them saying they would pay me the princely sum $365.45, based on a per metre payment for a 1.2 metre wire fence, they same as what I had just replaced! And no one in Darwin would erect a fence at that price anyway. I stewed for a while the decided life wasn't worth the argument and headache trying to fight them. Until one day I just got so pissed off about it I rang the Ombudsman's office and told them the story and gave them all the paperwork and diary of phone calls etc. Well they were great, chased it up for me, sent them a stern letter and I ended up getting the full 1/2 payment (minus $365.45 they'd already sent me). So sometimes it is worth fighting the bigger adversary. Also worth keeping all details of emails, phone calls etc. for anything like that in case you do have to fight.

  9. #9
    Join Date
    Mar 2011
    Location
    Regional NSW
    Posts
    94

    Default

    I have done some research and found heaps of "how to's" on the net from the Lands Board. So now I have all weekend to get my evidence together etc.

    In the advice it says to get police reports if there has been an incident so yesterday we emailed the policeman responsible for looking after us during our traumatic time. he told us how to get the report, not from him but Sydney. We phoned them. There is of course a form to be filled out and a fee BUT it is a minimum 15 days til they process it...we have only had 7 working days notice of the hearing. The people with the reports said we could send a supbena (?) for $83 but we still probably wouldnt get it in time. Then we were told we coudl adjourn...we ahve been waiting 6 months as it is!!!! ARGH. Anyway i shall include the police report number and the policeman's names in my 'evidence' and if they need any more I am sure they can ask for it. The police involved at the time did make sympathetic noises to us about how we had tried to keep the fences maintained etc and this is what I was hoping to show but ah well..... keep gathering.... I am thinking of contacting the previous owners of our property who had no end of trouble with the fence and his livestock escaping and him refusing to fix it. What do you all think...worth it?

  10. #10
    Join Date
    Aug 2009
    Location
    Adelaide
    Posts
    12,581

    Default

    you want slow courts?

    Try 18 years for a civil court to decide a company was liable to for a faulty hockey hockey pitch. And the 2 years more to decide how much the compensation should be. 20 years for something that was done wrong from the begining. And for some bizarre reason - the new pitch is not the right length either.

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