Our neighbour has started erecting "concertina wire" the coily wire over the fence with spikes over our dividing fence as well as razor wire along about half the fence at the back. (similar to the stuff in jails like this http://www.barbedwiresupplier.com/upfiles/image/razor-wire-c…)
There is no problem with the existing fence but he has erected this without seeking our permission, without notice and so I would not foresee him being able to argue it was an "urgent" repair situation to warrant no notice.
Mum's not happy as;
- the divided fence is shared property
- no notice, no agreement, nothing to inform us; he just got up on a lazy Sunday morning and started to erect it
- it's ugly and not aesthetically pleasing and makes it look like a prison
- the work he's doing to attach it to the existing fence may cause structural damage
After some complaints we've made over the morning as he erects this, his reasoning is;
- Apparently thieves enter his property over our fences (how on earth because its our backyard I don't know) - he has no evidence of this and it is only a suspicion
- If he does not erect these wires, is our family going to be responsible for the thieves who enter his house (<- this has no logic)
He's now decided to try and shut us up by moving it more over his side to, I guess, dangle from the fence over to his side, slightly out of our sight (I'm not sure as he hasn't finished yet). I've had a look at the information online on dividing fences, most references and legal information on things like LawAccess talk about dividing costs and getting agreements to repairs.
Just wondering, if it is no longer at the top of the fence but dangling off to his side but he is hammering nails into the fence etc (which could cause damage to the fence as it's metal), is that allowed?
I am planning to do some more research after exams but thought I'd ask the OzB community on any thoughts/similar experiences/knowledge?
TL/DR: OP's neighbour constructing concertina wire (I googled the name, the coiled wires around prisons) onto shared dividing fence without OP's family's permission, sans notice, has now decided to move it slightly more to his side of the fence. Are any attachments to the dividing fence allowed?
16/6/15 UPDATE - not sure when it happened but he's made a fancy little roof weave from the fence to the side of his shed - http://i.imgur.com/ZlR64gn.jpg?1
* OP has also submitted an electronic complaint to the Council who informed me on the phone that they would investigate it once I submit the form
ALSO - there has NEVER been a robbery - I asked my mum to verify what he said about telling my mum there was a robber earlier (I didn't get involved in the past but you do not disrupt a person's home and their mum) - a small pot plant got a chip on the side and a bit of dirt was on the floor and that's his "evidence" that there was a thief —> yes a thief who has 4 legs and 9 lives ie a pussy cat
hahaha not sure he'll know what ASIO and AFP stand for