need a solicoitor

[hinterland]

got problem with new nabour the nice man has organised a fence through council and is going to block of our acsess on a right of way dirt lane we have been using for last 36 years to council approved shed and carport they started today and i refused to move my car as it dont go anyway at moment there going to be back tommorow so need some help quick
here is pic he owns the timber fence and lane was taken of orig owner 36 years ago for access road he is claiming it back

[TigerVX]

Let him build the fence. Then knock down as much as necessary for your access again.

[bangers]

if you put in an appeal don't they have to halt construction until you both come to an agreement?

[hinterland]

appeal to who i rang the council they dont seem to care

[Baritji]

Just look in the phonebook mate! Sure, firms that advertise in the phone book probably aren't great, but at least they may be able to let you know your options and rights until you can find someone suitable.

I hope you get the bastard mate!

Cheers,

[TigerVX]

if you put in an appeal don't they have to halt construction until you both come to an agreement?

You need to appeal while the application is going through council. Once it has been approved that's it.

[bangers]

You need to appeal while the application is going through council. Once it has been approved that's it.

thats a bit rude aye. hows the poor bugger meant to know that an application has even been put forward. bloody councils aren't worth feeding.

[Boonz]

how about you work up a deal with your neighbour about putting up a gate in that fence....... could be easily fixed without taking it to court

[ClairBear]

You state 'he is claiming it back.' There is a good chance it is his land and has every right to claim it back. Council's check ownership and look for encumberances etc. when approving buildings, so you may find you have no right to this piece of land. Yes you enjoyed using it for 36 years, but now the new owner has realised it is rightfully his and wants to erect a carport on it.

C.

[Ripcell]

if he builds it again, it may have an unfortunate burning

[vlv8vic]

is he breaking a law? cos i doubt youd need to do anything if hes not breaking a law....

[hinterland]

it belongs to council part of waterbourd partof as theres stormwater and sewrage running in centre only claim is he dont like me parking in it as he has had cops come round to book me for parking on a access road.all they did was sused out me car thought it was great, but council has alowed him to put up fence to stop me and the dozens of other people useing it.going to solicitor in morning to see what can do just thought someone here might have some info that might have helped. i will be the nabour from hell if it gets put up as will be doing full resto on my commy from 7.30 to 7.30 daily as us panelbeaters scorn can get preaty nasty and noisy.

[ucwepn]

Sad as it may sound, it would seem he is entitled to build anything he wants subject to council approval because the land belongs to him. I'm telling ya, if there was some land next to my property that belonged to me I would be claiming it back too.

Hope it doesn't inconvenience you too much mate. If the application is in the works you can then appeal but if its already approved as stated above, its too late.

Good luck with it.

[ucwepn]

Oh its not actually his land? F%ck him then, fight it to the death.

[Pretender]

I don't know if it is the same everywhere but in WA if a section of property has been used uncontested for 10 years or more ( continually by the same individual or company) the owner cannot cut access. Driveways and access lanes are the main items disputed.
In some cases the owner is required to install a gate and not a solid fence to enable the laneway to still be used.
It is a tricky situation and there are ways around it for the owner like digging a trench to stop access.
At the very least you should have been informed of the proposal long before work was to start.
Rereading your post, I see it is council land that is in dispute and a fence is to be erected by the council. Ask the Council to install a lockable gate at the very least and provide you and your neighbour with a key.
Call a lawyer, just about all lawyers love mixing it up with Councils.
It will be difficult to stop them as they have commenced work but if you inform the Council of your intention to seek legal advice it may slow it down.
Check the Council and State Bylaws regarding laneways. The Council must supply you with the details.
Of course somebody you don't know may repeatedly park on the dirt mound you made and forget to put the handbrake on, you have no control over others who don't learn their lesson the first six times it happens.

[bangers]

are you sure the land was taken off the original owner and not bought. also contact any government dept. that use that lane for works and advise them council has approved closure of the lane.

[Tasmaniak]

Check it out with council laws as using a certain peice of land for a set amount of years makes it YOURS to do what you want with.

[STEALTHY™]

My dad works for the council, and if it is indeed a Right of way (a legal one passed by council) then it cannot be blocked at all, even tho someone else owns the land.

However, council will know this, and if they've given him approval to build on it, it wouldn't be a legal right of way, and he has every right to build whatever he wants on it.

Ring the council again, and request a copy of your land arrangement (or lots, depending on your area) then you'll see what is what, because legal right of way's are clearly marked when a new land release is avaliable.