need to replace weatherboards but have an access issue advise please

[BDM]

We have a rental property and one side of the house is the boundary. The weatherboards need replacing and with need to get access form the neighbours driveway to do the work. The neighbours a are reluctant to allow tradesman to do the work I have spoke to the council they are not interested and they have no laws in place to deal with this issue and say it a civil matter. Is there any legal way i get cat access to fix my house without the neighbours stopping the work

[echnidna]

Will they allow access if,
you are with the tradesman all of the time he is working there?

[dazzler]

More info needed. What is the reason for restricting access.

Landscape damage, fear of strangers, worry about damage to pavers etc etc.

At least if this is out then the answer to convince them to allow becomes easier.

At common law the owner has every right to decide who comes on thier property.

[Sturdee]

We have a rental property and one side of the house is the boundary. The weatherboards need replacing and with need to get access form the neighbours driveway to do the work. The neighbours a are reluctant to allow tradesman to do the work I have spoke to the council they are not interested and they have no laws in place to deal with this issue and say it a civil matter. Is there any legal way i get cat access to fix my house without the neighbours stopping the work

Are you saying that the house is actually the boundary between the two properties or is there space between the boundary line and your house, if so I'm surprised that your wall is made of weatherboards instead of brick.


Peter.

[BDM]

Hi Thanks for the feedback . They are very difficult people they don't want to talk to us and don't want anybody on there property. What legals option are there

[BDM]

Hi Peter .The house is in Yarraville and built around 1885 its very common in Yarraville to have one side of the house as the boundary The council in those day allowed it be, but there is no provision in council laws for you to get access without neighbour approval Its a difficult one

[journeyman Mick]

Speak to them or write a letter if they won't speak to you, or probably better still, get a solicitor to write to them. Offer to lodge a bond with their solicitor to be released back to you only when works are finished and any damage to their driveway etc has been rectified.

Mick

[BDM]

Thanks Mick. Very good advise Like that idea

Best Regards

Peter

[Sturdee]

Hi Peter .The house is in Yarraville and built around 1885 its very common in Yarraville to have one side of the house as the boundary The council in those day allowed it be, but there is no provision in council laws for you to get access without neighbour approval Its a difficult one

Thanks that makes it clear. Across the road from us there is one where the house forms part of the fence but that has only been because of a block being subdivided into two lots. Also in this case both owners are given a right of access to repair walls and drainage on the Title when it was subdivided.

Check your title details to see if you have right of access for maintenance and repair purposes.

It may not work but it could be worth your while to check with the magistrate court whether, as your house forms the dividing fence, you have right of access under the fencing act to effect maintenance. If so you coulds apply for an order to allow access.


Peter.

[BDM]

Peter .Before you posted your latest post i was on the phone Victorian department of justice .They how handle fence disputes .They said they could not help me, But i never mentioned the side wall is also make for the fence I will call them in the morning and see if that help

Is the Magistrate court a different department?

I am getting better advise on this forum than i did from a lawyer

Best Regards

Peter

[dazzler]

How much work needs to be done (hours/mins/date)

[BDM]

One man 3- 4 days

[Sturdee]

Is the Magistrate court a different department?


Peter

From my recollection matters under the fencing act are handled through the local Magistrate Court. Also local neighbours disputes that get out of hand are dealt with in the Magistrate Court so a visit to the local clerk of that court could help.

Maybe the clerk of that court can help to avoid this getting out of hand.


Peter.

[Calm]

Invest in a digital camera and take lots of photos before any work begins to cover your a??e when they blame you for damage done.