MySwag.org The Off-road Camper Trailer Forum
General => General Discussion => Topic started by: jetcrew on October 11, 2013, 04:13:32 PM
-
Short story.
Had vacant block next to us for years crappy chain wire fence my big dog never got out.
House built and new owners move in with 3 small dogs, these dogs antagonise my dog for weeks and eventually the fence fails he gets 1 of the small dogs.
I approach neighbours and we discuss fence, it is agreed verbally that a better fence is needed or my dog will be having snacks.
I offer to build it as neither of us have alot of cash. I build 75mtrs of colour bond and place a concrete strip under each section to prevent small dogs sticking noses under.
I get all materials and even collect it all to avoid delivery i mix all the concrete by hand and install with ZERO help from neighbours.
After install thier kids kick balls against it >:D >:D
So after 3 times speaking with the and the last time they told my wife we will pay the $1200.00 after tax time> I go over there today to inquire as to the payment and get this THEY ABUSE ME.. apparently they are sick to death of hearing about this fence and claim that be cause I did not get 3 written quotes and a written agreement that now they won't pay.
So I have poiletly told them to drop dead and have now removed the colour bond fence WHICH I PAID FOR .. My dog is locked in his back pen, they yelled out that they will let their dogs into my yard and when my dog eats theirs that my dog will be put down.....
SO my question
If I paid for the fence in FULL after they moved in am I legally entitled to pull it down given I own it.
I am going to now submit a form for works with a quote I am told in excess of $4500 for the 75 mtrs with concrete strip. Then they will have to pay... 1/2 of the higher amount.
I know I know should have gone the paperwork route in first place, but you try do the neighbourly thing.
Jet ;D ;D
-
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
-
That sucks jetcrew. Unfortunately you can't trust anyone. I have just had new fences installed around a property we own and I'm a bit anxious about whether one of the neighbours is going to pay her share to the contractor as is be liable apparently, even though she agreed. (We had a few quotes between us)
If their dogs are found in your property I'd take them to the pound. Good luck with the fence.
-
If they allow the dogs into your yard then in theory their dogs are trespassing arnt they ? Tie them up and call the council ranger and tell them that the dogs wandered into your property and are being a nuisance. Don't let on that you know who's dogs they are. Make life difficult for them if they wanna play
Cheers
Frank
-
hook up some batteries to the fence, dogs wont stick noses in your yard for a while.
But your right get the quotes by law they have to pay half no matter what so if the quote is higher then the original amount just give them the options and be done with it.
Sounds like my mums old neighbors, fence fell down (old wooden one) they couldn't help in rebuilding it so mum and dad done all the work they then didn't want to pay, so mum and dad sold the house and moved with the fence in tow, neighbors were on holidays at the time too, would have loved to see the surprise on their face when the fence was gone.
Always get the correct paperwork.
-
And have a licenced surveyor mark out the boundary 1st before any more work gets done. They will have to pay for 50% of that as well :police:
-
Start here
http://www.qld.gov.au/law/housing-and-neighbours/disputes-about-fences-trees-and-buildings/avoiding-fence-tree-and-building-disputes/avoiding-disputes-about-fences/
-
Just tell them you build the fence just inside your property line, so you were within your rights to pull it down.
More to the point, they have renegged on the agremeent, so you are entitled to pull it down as they are legally obligated to pay half and if they won't follow through with their commitment then you are exercising your right to get your money back (i.e. resell the fence).
Then go get quotes for a new fence and present it to them. This may drag out for a while but make no mistake, they are liable for half. It's pretty clear, there's heaps of stuff about this around.
As for the dog issue ... that's an issue with council rangers about them not restraining their dogs. Setup a webcam to gather any evidence of them doing stupid acts on your property (they sound like they are the type). I'm happy to loan you a spare IP camera I have (just needs power and ethernet/wireless) which you can point at your backyard and saves the files onto a folder on your computer until the fence issue is sorted out.
-
Start here
http://www.qld.gov.au/law/housing-and-neighbours/disputes-about-fences-trees-and-buildings/avoiding-fence-tree-and-building-disputes/avoiding-disputes-about-fences/
how come this Mace bloke always knows he right places to look - no matter where the problem is.... ;)
-
Start here
http://www.qld.gov.au/law/housing-and-neighbours/disputes-about-fences-trees-and-buildings/avoiding-fence-tree-and-building-disputes/avoiding-disputes-about-fences/
Well said.
-
Can't help you with the legalities of the fence mate but I feel for you having a neighbour dispute, I've been there and it's not a nice situation to be in. My neighbours had mental health issues which made it very difficult.
-
Oh and I think black bean sauce will be the nicest :D
-
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.
-
Geez mate that sux big time.
I reckon, easy for me to say :-[
Take a big step back for a bit, there's some good advice here, and there are, never mind ;D
Don't panic and think it through.
Mace's link is a good startr.
I wish ours with her 6 dogs would leave town so the rest of us can have some peace & quiet, I live in hope that she gets the message that Nobody in town likes her and she sells up and moves on, I doubt that this will happen, she starts drinking before 10am most days.
I watched the other day in disbelief as she mowed the dried turds which clouded the other neighbours washing in dog turd dust.
Go to your council, not with both six shooters blazing, but calmly and ask them your options.
There will be a way so as you can get on with your life.
Let us know how it works out.
:cheers:
-
your actually pretty well screwed if you replaced the chain wire fence (pulled it down)
there was a fence present, that was adequate, in the eyes of the law.
you needed to agree to terms (costs), but contractually- in writing.
the law states that your neighbour is only responsible for 1/2 cost of the fence if a new fence is required.
if you want a "solid gold" fence but a timber fence is in place you have for pay all costs- unless another agreement can be reached.
a fence was there- you need to install a fence- either the chain wire fence, or reinstall the colourbond fence
(my QLD surveying degree is a bit old and rusty, but laws such as these don't get changed), but get independent advice
-
He now has to look at over 200ft of pink fence.
:cup:
We had a dispute over a fence along the boundary of a vacant property we used to own. It was very elevated with ocean views. That was until our neighbour gave permission for his contractor in bobcat to use the sand from our block to fill HIS side of a boundary retaining wall that HE built. We lost our ocean views... Until I got a lawyer. And then our ocean views were restored.
However the grief and stress it caused was enough to sell the block as could never imagine living next door to such an arrogant pig.
Neighbour disputes are never nice and at the end of the day, you have to live next door to them. Follow the letter of the law, definitely get a surveyor to survey the boundary (that is good advice above), and then ensure a solid fence that is high enough that you never have to look at the knob again.
Re the little dogs. Remember that it is not the dogs' fault that their owner is a complete tool. Borrow/hire an animal trap (cage) from the Council and set it up in your backyard - they usually loan them out for feral cats or possums. If the dogs wander in, then they are roaming and not under control of the owner. Call the Ranger and he will issue an infringement. Repeat above process until neighbour has his dogs secure. Please dont let a dog fight or dog death result.
-
In NSW a fence can be 2 pieces of wire strung through star pickets.
Put that up as it constitutes a fence.
Leave your dog enough rope that it can reach the boundary, but not further.
Start hanging laundry out in your undies playing Def Leppard, then next time go out in a dress playing some classical music.
It's no fun with moron neighbours.
I've been through the same thing twice now.
It may suck for you right now, but it will get solved and hopefully sooner rather than later.
Hang in there and don't let it eat at you. You are better than that.
Council are usually very helpful. Don't forget to keep stressing that its all over money.
They know it and deal with it regularly.
Failing that try the community justice centre.
I used it with my neighbour and got a fantastic result. They were extremely helpful. Also if they refuse to go, it goes against them with council and the local courts.
http://www.justice.qld.gov.au/justice-services/dispute-resolution
Hope it ends soon mate.
Brian
-
As above the neighbour only has to pay 50% of replacing the original wire fence. As the fenceihas been upgraded to colour bond and assuming its on the boundary by removing it now you open up legal loopholes that may require you to re erect the colourbond fence.
Neighbour disputes are civil matters and the council WILL NOT get involved in this so don't waste your time there.
If your neighbours kids are causing a nuisance then you may be able to get the council involved if it's noise or similar nuisance that causes your dog to bark.
Best of luck
-
how come this Mace bloke always knows he right places to look - no matter where the problem is.... ;)
;D ;D
Becoz my mind is a repository for completely useless information!
I can't remember names, birthdays, anniversary's, all that important sh&t!
But I can store completely unimportant stuff and regurgitate it 30 years later.
SHMBO calls me the know all, I reckon it's the know stuff all.
Oh, and every state has a Fences Act.
:cheers: Bruce!
-
Oh, and stozz has got it spot on, follow the letter of the law from now on.
-
I would try and chat with the neighbor again and try and reach some common ground. There is nothing worse than neighbours fighting. Worth a try.
Mark
-
your actually pretty well screwed if you replaced the chain wire fence (pulled it down)
there was a fence present, that was adequate, in the eyes of the law.
you needed to agree to terms (costs), but contractually- in writing.
the law states that your neighbour is only responsible for 1/2 cost of the fence if a new fence is required.
if you want a "solid gold" fence but a timber fence is in place you have for pay all costs- unless another agreement can be reached.
a fence was there- you need to install a fence- either the chain wire fence, or reinstall the colourbond fence
(my QLD surveying degree is a bit old and rusty, but laws such as these don't get changed), but get independent advice
your actually pretty well screwed if you replaced the chain wire fence (pulled it down)
there was a fence present, that was adequate, in the eyes of the law.
you needed to agree to terms (costs), but contractually- in writing.
the law states that your neighbour is only responsible for 1/2 cost of the fence if a new fence is required.
if you want a "solid gold" fence but a timber fence is in place you have for pay all costs- unless another agreement can be reached.
a fence was there- you need to install a fence- either the chain wire fence, or reinstall the colourbond fence
(my QLD surveying degree is a bit old and rusty, but laws such as these don't get changed), but get independent advice
In Vic at least, the requirement is a fence that is suitable for the intended purpose.
With vacant land a chain wire fence is probably ok, in that it will keep out your average cow / sheep / horse and identify the location of the boundary.
For residential properties there is an accepted need for a higher standard of fence, to keep kids, dogs etc in their respective rear yards. Hence your old wire fence was not adequate and you were and are entitled to want a solid fence. If a colour bond fence is the norm in your area then you are entitled to insist on one.
-
Mate that sux, I cant offer any legal advise, and your situation is bad enough with out me offering what options id throw up, but ill say this, f##%king unAustralian >:( for sure what Aholes they are >:(.
I hope it get sorted for ya, particularly after the effort you have gone to.
Swanny
-
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.
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
-
Further to the good advice given here.
If mr arse wod lets his dogs wonder on your property or provokes you make sure
you video or have pics of any incidents.
-
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 ;D ;D ;D
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 ;D ;D ;D 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. ;D ;D
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. ;D ;D
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 $114.00
Then the best part is I HAVE to personally serve them LOL and fill out a REG 9 affidavit ;D
So I will put the 2 sections of fence back in morning as he who laughs last, laughs loudest ;D ;D ;D ;D
Oh and council rangers have been called regarding the threat to incite a dog fight apparently that's an offence....somewhere to knowingly incite animal fights. Oh and you need a breeders licence to bread dogs / oh and you need permission for 3 dogs. Oh and your stormwater needs to be plumbed in to pipes not dripping on the ground from shed / oh and its an offence to not have your septic hose on .
can't wait for this ;D ;D ;D ;D ;D ;D
Jet ;D ;D
-
Arrrr the Carma Bus ,,,,,, when it backs up its really up your @#$% :cheers: :cheers: :cheers:
-
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
-
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 ;D
So I will put the 2 sections of fence back in morning as he who laughs last, laughs loudest ;D ;D ;D ;D
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 ;D ;D ;D ;D ;D ;D
Jet ;D ;D
Looks like they picked a fight with the wrong bloke! ;D Good luck
-
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.
-
Good stuff.
Take an independent witness when you serve notice. Mite also ensure they act civilly.
-
Really? I don't think that is the case in VIC
If you need a building permit for the shed that's the rule
-
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...
-
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.... ;D ;D ;D ;D ;D
Jet ;D
-
Good stuff.
Take an independent witness when you serve notice. Mite also ensure they act civilly.
will have a micro running whole time... ;D ;D
Jet ;D
-
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.
-
I'd put a timber fence and light it up
Swannie
-
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 :)
-
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 ;D ;D
-
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
-
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 ;D ;D
-
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 >:D >:D strangely enough they were happy to chip in and pay to fix the problem after that 8) 8) ;D ;D
-
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 >:D >:D strangely enough they were happy to chip in and pay to fix the problem after that 8) 8) ;D ;D
Thats gold :cup: :cup: :cup:
Jet ;D
-
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 -
(http://i7.photobucket.com/albums/y254/MikeFer/Don_tLikeYourNeighbor.jpg)
-
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 ;D
-
Remind me never get on your bad side please mate. Hope it all works out.
-
Arrrr the Carma Bus ,,,,,, when it backs up its really up your @#$% :cheers: :cheers: :cheers:
-
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.
-
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
-
If the conversation is between two people you don't have to tell them. In Vic that is.
fuji
Same in Qld
KB
-
It's amazing how with almost every thing else you do, you have the opportunity to check it out beforehand....even before you get married, you can work out if you could live with you MIL.
When it come to neighbours, there is virtually nothing you can do to understand what type of neighbours you are going to have until you move in.....
Theo, you are an honest smart guy...keep the emotion out of it and you will come out the 'right' side.
MarkVS
-
Too Treg Mark, but even if you have good ones you have a potential problem every time the choose changes wonders / tenants.
-
Can't help you with the legalities of the fence mate but I feel for you having a neighbour dispute, I've been there and it's not a nice situation to be in. My neighbours had mental health issues which made it very difficult.
And no doubt their neighbours also had mental health issues.
I had similar disputes with a neighbour, the bastard would get verbal with me make all physical threats never followed through but turned his anger on his wife, poor girl always hiding her bruises.
once a year he would get some one in to give his garden a good clean up and he would keep onto it for about 4 weeks then lose interest. Well it was about this time I sold my house and his garden was looking really tidy so the last thing i packed was the round up as i needed it to let any one that drives by that a wife basher lives in the house it was displayed on his manicured lawn.
-
And no doubt their neighbours also had mental health issues.
I had similar disputes with a neighbour, the bastard would get verbal with me make all physical threats never followed through but turned his anger on his wife, poor girl always hiding her bruises.
once a year he would get some one in to give his garden a good clean up and he would keep onto it for about 4 weeks then lose interest. Well it was about this time I sold my house and his garden was looking really tidy so the last thing i packed was the round up as i needed it to let any one that drives by that a wife basher lives in the house it was displayed on his manicured lawn.
Have only met you the once but just couldn't imagine you doing this but I do like the idea >:D >:D
-
And no doubt their neighbours also had mental health issues.
No they were great people but some may question those they socialise with :D
-
No they were great people but some may question those they socialise with :D
Marcus now drives a Prado so it would exclude him as well as myself.
-
Have only met you the once but just couldn't imagine you doing this but I do like the idea >:D >:D
Wont be long we will catch up again you may then have a different opinion of me - :cheers:
-
That's Nilumbik for you. You can't fart in Nilumbik without a permit.
Had a 'Nillumbik' win today. Took a trailer load to the tip and was expecting to be screwed but the dude charged me half price as he was in a good mood and there was nobody else around :cup:
-
Had a 'Nillumbik' win today. Took a trailer load to the tip and was expecting to be screwed but the dude charged me half price as he was in a good mood and there was nobody else around :cup:
at least theres a tip in your region... **** all here now
-
How big is your block? If it is 800 sq.m or less he is only allowed to keep two dogs unless he has written permission from the council - suggest to him that if he doesn't play ball you will report him to the council.
-
Damn -------
I just logged on to see the update with the hope or a response..
"All good now - I shot him"
Ah well, back to dreamin
Brian
-
How big is your block? If it is 800 sq.m or less he is only allowed to keep two dogs unless he has written permission from the council - suggest to him that if he doesn't play ball you will report him to the council.
3000m2 he is allowed 3 dogs but with council permission.
Brian - only update is that the brief of evidence is complete all 22 pages or so of it including 10 exhibits and a 5 page statement of facts. now to get 4 copies and fill out the form to lodge go to the court pay $114.00 and wait till the stamped copies are returned to me to serve the neighbours.
Saw them today and they had smug look on their faces after I had put the fence back, I gave a dejected look and did not hold his stare ....so I think I have sucked him into thinking he won ;D ;D ;D ;D
Jet ;D
-
Hang in there mate,even if you only break even, they will have had to fork out money along the line. I used to get some people that thought that if the bill was only a couple of hundred dollars it would cost me more to chase it than it was worth, baaaaad idea, very simple principle, you do the work, you get paid :police: Just dot all the i's and cross the t's very carefully and you'll have a win, might be small, but a win :cheers:
-
Hang in there mate,even if you only break even, they will have had to fork out money along the line. I used to get some people that thought that if the bill was only a couple of hundred dollars it would cost me more to chase it than it was worth, baaaaad idea, very simple principle, you do the work, you get paid :police: Just dot all the i's and cross the t's very carefully and you'll have a win, might be small, but a win :cheers:
Dead right. :cheers: it will all work out mate, you and Lara are decent people, even if you do drive a Toyota. ;D ;D ;D :angel:
-
Dead right. :cheers: it will all work out mate, you and Lara are decent people, even if you do drive a Toyota. ;D ;D ;D :angel:
Thanks mate ;D ;D I think i needed to do something or i would just stew about it.
If we loose in court at least I'll know I tried and i can't have anything ruled against me anyway so $114 is the extent of my further loss if it goes belly up. and they will have to fill out paperwork take a day off work each , stress about the outcome ect.
My position can,t get any worse only better....theirs can get worse not better.
PS -I 'll ask the judge if he likes Nissan or Toyota ;D ;D ;D who am i kidding he prob drives a 7 series bmw ;D ;D ;D ;D
Jet ;D ;D
-
[quote author=jetcrew l
PS -I 'll ask the judge if he likes Nissan or Toyota ;D ;D ;D who am i kidding he prob drives a 7 series bmw ;D ;D ;D ;D
Jet ;D ;D
[/quote]
No probably a Cayenne. Best of luck
-
and i suggest in investing in a cctv system for weekends away with your camper.
after he has had to pay money he may try take it back other ways.
Gecko
-
I think the above may just be a wise investment in general I think.
-
Geesh.. That sounds almost the same as we have going in here...
Speaking from experience.., if the neighbours dog /dogs die on YOUR property... And your animals are adequately "fenced in" then there is little the neighbours can do... The onus is on them to keep their animals contained...
Although I did come home last night to a branch from their tree thrown over my fence today.. Which I politely returned...just in case they have misplaced it...
We too are considering the CCTV option.. Will need 4ish cameras to see the whole fence...
Either way.. Hope it works out for you...
As my wife keeps telling me... Don't do anything that will land you on the wrong side of the law...
And yes I know.. Easy to say... Harder to not let emotion rule... :)
-
Stay tuned swaggers ... about to go serve the documents..that should upset the weekend ;D ;D ;D ;D.
Now they can spend all weekend sifting through paperwork and filling out court documents.
Jet ;D ;D
-
this will be good
-
Stay tuned swaggers ... about to go serve the documents..that should upset the weekend ;D ;D ;D ;D.
Now they can spend all weekend sifting through paperwork and filling out court documents.
$.20 says they either
- punch you
- throw papers back at you
- burn papers
- ignore papers
Get the cops to come with you when you serve them :)
-
Bloody pouring with rain here right now will have to wait i think as I will dropping papers on porch doorstep so will wait till it stops raining.
Cops have better things to do than serve papers I reckon, I phone will tell the story after the fact if it needs to be told.
But in all honesty they will just shrug anyway. I don't anticipate any issues.
Rain is welcome though :cup: :cup: :cup:
Jet :D
-
Jet if they are qcat papers it requires personal service u can't just leave on their doorstep
-
and i suggest in investing in a cctv system for weekends away with your camper.
after he has had to pay money he may try take it back other ways.
Gecko
I wouldn't go into jetcrews yard with a dog like that. If you did you may come out missing some body parts ;D
:cheers:
V8ute
-
and i suggest in investing in a cctv system for weekends away with your camper.
after he has had to pay money he may try take it back other ways.
Gecko
I wouldn't go into jetcrews yard with a dog like that. If you did you may come out missing some body parts ;D
:cheers:
V8ute
Like their dog. ;D
-
Jet if they are qcat papers it requires personal service u can't just leave on their doorstep
Yeah I Just need to id them and then drop the papers, so I don't have to physically hand them to them and because it is a husband /wife I only need to serve one party but provide 2 copies.
May plan was just to say the words ID them and drop the papers, by the time the door is open I will be walking away. ;D
Simon .. do you mean the big lump thats sleeping all day ;D ;D ;D
Jet :laugh:
-
He may sleep all day while your around, but you won't catch me jumpin your fence mate ;D
:cheers:
-
I just say this as it happened to family members of mine.
They got cctv and lucky they did as they had proof something was thrown over the fence that the dog went and ate and died.
Without the proof of the object coming over they would of had nothing.
The bastard used to sit knives in trees out the front after the court order but the cops had no proof and couldnt do anything.
Then when she took her son to day car and was strapping the kids in he would stand at the fence line and stare or wave at the kids but because it wasnt 'threatening' the cops did nothing.
This land we live in are giving the scum more power than the innocent.
Gecko
-
Any progress on the war front ???
-
Any progress on the war front ???
treading water in the 28 day response period ;D ;D ;D
can't wait to find out if they even bothered to reply to to QCAT.
you can be certain i will there on the 29th day lodging a form to get a ruling in their absence ;D ;D ;D
Jet ;D ;D
-
Buy a sheep
Its legal to destroy dogs who chase it I believe
-
Buy a sheep
Its legal to destroy dogs who chase it I believe
LOL mate ..prob is it's my dog who does the killing :police:
Jet ;D
-
Must be getting close? Watching this thread with great interest
-
Response submitted on 28th day.
Very interesting .....
Off to mediation in new year by the looks of things.
Jet ;D ;D
But apparently.
They were not consulted
They dislike the fence style
I damaged their gate 12mths ago when I installed it.
My dog is the problem so I should pay to fence it in.
I was aggressive and they had to complain to police
My dog attacked their dog and I did not offer to pay vet bills
And the list goes on and on.
Out of all that they dispute any verbal agreement was entered into.
My advice .. Even if your neighbour is the pope himself use the forms for fence agreements it will save all this hassle.
I will struggle to prove a verbal agreement was in place but none the less I will place the matter in the courts hands. And hope for a common sense ruling .
-
Good luck Jet. How exhausting... :-[
-
Wouldn't even bother pushing the verbal agreement point. My wife and I went through mediation with a landlord many years ago. The legal boffins say that verbal agreements are only worth the paper they are written on.
-
...but none the less I will place the matter in the courts hands. And hope for a common sense ruling
(http://ranaarmoush.files.wordpress.com/2012/06/laughing-men.gif)
-
I will place the matter in the courts hands. And hope for a common sense ruling .
We had 300+ mm of water run through the whole lower floor of a property in the Brisbane floods in 2011. The tennant didn't have contents insurance. That insurance is a part of the Tennancy Agreement. It's there in black and white, signed and dated by her.
She took me to court armed with a receipt for $400ish for a computer repair and that's it. The Magistrate basically laughed at her. Asked why she was sueing for so much money, (LOTS) with only a single receipt, no other repairs etc, etc. Long story short, that bitch walked out of that room with a LOT more money than what anyone could imagine. I got f###ed over big time.
Mate, I'm sorry and I really do hope I'm wrong, but I don't like your chances of a sensibile outcome, if taking it to court. I do hope I'm wrong.
Shane.
-
I am under no illusions my chances of ever seeing a cent are zero to none.
But I needed to direct my anger into a process untill it subsided .
So court or ww3 and me in lots of trouble .
It is now a source of entertainment for me . As I have now calmed down about it I can enjoy their stories with a big smile on my face and laugh it off.
Mediation will be a blast ;D :D
Jet ;D
-
Ring crimes toppers & tell them you saw a heap of OMG members there. If that doesn't work ring OMG & tell them you know where attorney general lives :)
Sent from my XT905 using Tapatalk
-
Well ....
We had a win .. They have 8 weeks to pay me plus all my court costs ect. ;D :D
Their response was in the first instance in writing to the court was very interesting and the judge dude said he had some issues with the claims in it.
Facts are facts he said , unsubstantiated claims are just that.
Happy jet ;D ;D
One for the good guys I say
-
Well ....
We had a win .. They have 8 weeks to pay me plus all my court costs ect. ;D :D
Their response was in the first instance in writing to the court was very interesting and the judge dude said he had some issues with the claims in it.
Facts are facts he said , unsubstantiated claims are just that.
Happy jet ;D ;D
One for the good guys I say
Well done, good to see you stuck to your guns and had a great outcome
GG
-
Good result. Sorry but just hope you get your money without any hassles now
-
Good result Theo.
Now I think you might need to set up a GoPro or two, just in case they try some retribution...
-
Good result. Sorry but just hope you get your money without any hassles now
To true mate its only stage 1 .
But I can after 8 weeks take enforcement action .. Just got to find out what that means cause I am fairly sure it's not what I am thinking lol
Jet ;D
-
To true mate its only stage 1 .
But I can after 8 weeks take enforcement action .. Just got to find out what that means cause I am fairly sure it's not what I am thinking lol
Jet ;D
I am pretty sure it is not what you are thinking either Jet :D
I really hope you get your $$$.
-
Good result Theo.
Now I think you might need to set up a GoPro or two, just in case they try some retribution...
x lots and lots..
-
Or solasr panels and a few batteries hooked up to the fence on your side - then if they p!ss on it in rage at the decision they will get what for! ;D
-
Good result Theo.
Now I think you might need to set up a GoPro or two, just in case they try some retribution...
Swann Home Security with IR sensors, or a vehicle Dashcam with a big memory chip in it.
The vehicle dashcams record in short chunks so you can delete files where nothing happens.
GoPro records as a long continuous recording.
Good fun for other things, but no use if your out with the vehicle making movies, and the a-hole neighbour doing a Beiber throwing eggs and stuff at your house (http://www.tmz.com/2014/01/13/justin-bieber-house-egg-damage-egging-estimates-neighbor/)
-
:cup: :cup: :cup: :cheers:
-
To true mate its only stage 1 .
But I can after 8 weeks take enforcement action .. Just got to find out what that means cause I am fairly sure it's not what I am thinking lol
Jet ;D
In WA it means you can involve the Sherriff I believe, he can then (after a small fee payable by yourself) go and 'enforce' the ruling including recovering funds through property.
this is my VERY loose understanding from experience in ONE case in WA so take it as you will :)
-
Hey Theo, Is that karma I can smell???
Sucked in to the wonker...
Cheers
Brian
-
Just an update for everyone ....
I got a registered mail bank cheque delivered on Tuesday for the full amount. ;D ;D ;D ;D ;D ;D
a week late past the date, we had already lodged further action forms and obv they informed themselves of the avenues open to us to recover the debt.. so they saw the light and paid up...
Prob is Lara took the cheque while I was away fishing so I might the sheriff to recover it for me anyways ...LOL ;D ;D ;D ;D ;D ;D
But thanks for all the advice and support :cup: :cup: :cup: :cup:
Jet ;D ;D
-
Great outcome for you.
It's just a bloody shame you had to go through all that.
I just don't get that mentality (neighbours), in the end what did they achieve for themselves.
Bill
-
Congratulations mate. A fight well fought.
After hearing of your troubles I was nervous when I had to ask our new neighbours if they are happy to pay for a fence, they are the exact opposite of your neighbours though, they said no problems and have already paid the money and the fence is still a few weeks from being put up.
-
Good stuff theo, glad it worked out for ya mate.
-
Good to hear do you think Lara went and bought a new outboard for you with the money when you were away ?
Sent from my iPhone using Tapatalk
-
Hahaha your funny rusty. I reckon she gave him the change and said, put this towards your new outboard lol
-
Don't forget that she got the cash from the battery I bought while you were away too. I reckon she did real good for herself mate. ;D ;D
-
Well done :cup: :cup: :cup: :cup: :cup: :cheers: :cheers:
-
Don't forget that she got the cash from the battery I bought while you were away too. I reckon she did real good for herself mate. ;D ;D
hmmm I forgot about that one ;D ;D ;D ;D ;D ;D
Jet ;D ;D ;D