Neighbour Refusing Access to The Boundary Wall

azero on 19/12/2022 - 10:03
Last edited 21/12/2022 - 12:33

Hi All,

The short version,

I live in a new estate in VIC and my garage wall is built on the boundary. I want to put covers on the weep holes to prevent mice from getting in.

There are 4 holes that I need to access from the neighbour's property. But he is refusing to let me in to do that. All I want him to do is to open the side gate for 2 minutes and let me come in 2m into his property to put the covers on the holes.

What are my next steps ?

EDIT 3:
So I figured that they have screwed in the gate post to my garage wall (called the guy who did the fence and confirmed). Texted neighbour nicely again and he does not want to cooperate at all. Called the council about the fence post.

They said although it is illegal they can't do anything and I have to call dispute settlement center and may or may not engage a lawyer.

Both the houses were built by porter davis and mine is on the zero lot line (or supposed to be) - so If I really want to dispute the garden edge, I have to get the boundary surveyed. But if it turned out they screwed up my build and it if is 1mm over, then I am screwed again.

Thank you all for the replies so far, I will wait for a bit to have a think before I do something really stupid, but looks like there is no easy "legal" way out.

EDIT 2:
So I contacted the council, their response was:

It is a civil matter between neoghbours and we can't intervene. They referred me to the dispute settlement center which referred me to legal aid which reffered me to a free legal service which referred me to a site where I can find lawyers that works for a fee.

Proper channels FTW!

Long version.
Until yesterday I thought I had a good relationship with my neighbour. We both built with the same builder and moved in only a few months apart. We used to text / talk and even helped him with a few stuff. I had some mice in my roof and I had a pest controller coming over the weekend. He asked me to cover all the weep holes with weepa covers from bunnings including the ones in the garage wall on the boundary.

Now, my garage wall is built on the boundary (so as his but on the other side - and pretty much all the houses in the estate). I sent a text on Sunday morning asking him if he could let me in for few mins to do that. As I did not get a reply, I knocked on the door in the afternoon and asked again and I was told no. (By I think his dad). They are chinese with not so good english so I thought may be it was just a misunderstanding. So I got one cover and showed him what I need to do and he still refused.

Homeowner was not in, so I gave him a call later hoping that he can explain what is going on. But he flat out refused to let me in. His reason is - "I don't have to give you any reason but I am not letting you in".

There has not been any issues between us except for when he put in a cctv that could see my living room. But he agreed to turn it away and we were fine after that. This was over an year ago.

I am ok to take the legal route if it has to be, but what are my options here ? Thank you.

EDIT:
Thank you for the replies so far. I will ask one more time, but I really think they are well past the point they deserve a nice neighbour. So far I have done these thinking that I'd be a good neighbour.

Spent $500 putting 2 big screening panels to cover my living from his cctv rather than complaining further.
$300 fence extension coz I did not want to see his bedrooms from my living. I did notice that they took away the news paper that were sticked to the windows after this
Did not complain when their landscaper built their garden edge ~50mm into my property
Did not complain when their unmaintained grass invades my front garden beds.

I also spent at least 20 mins trying to reason with people there including the owner and trying to see if I had done any wrong by them.

Home & Garden

Comments

    • garetz on 19/12/2022 - 12:34
      +75

      You should never reward bad behavior.

      • lonewolf on 20/12/2022 - 10:26
        +1

        Yup, I made the mistake of doing this with my neighbours and all i got was them then wanting to take advantage and asking for more and more .

      • Franc-T on 21/12/2022 - 11:43
        +1

        He didnt say he couldnt lace it with poison, or even worse give them fosters

    • Ryanek on 19/12/2022 - 12:47
      +9

      Yeah nah, neighbour sounds totally unreasonable to me. Unless there's something OP is leaving out.

    • skittlebrau on 19/12/2022 - 13:01
      +11

      Sounds like that Seinfeld episode where Jerry plies his girlfriend with a heavy roast turkey dinner and wine so he can go play with her vintage toy collection.

    • AustriaBargain on 19/12/2022 - 13:16

      Are Chinese people usually big on xmas?

      • ausmisc on 19/12/2022 - 15:56
        +82

        Same size all year round I think

        • Brakus on 21/12/2022 - 11:50

          I think many would gain weight around Christmas season… so maybe a yes?

    • smartazz104 on 20/12/2022 - 00:13
      +1

      Then what would you do, get on your knees?

  • Jimothy Wongingtons on 19/12/2022 - 10:07
    +4

    He put in a cctv that could see my living room.

    But he agreed to turn it away

    Wow, old mate doing you a HUGE favour for allowing that…

  • Muzeeb on 19/12/2022 - 10:08
    +1

    Time to sell up and get new neighbours.

  • pegaxs on 19/12/2022 - 10:09
    +10

    Patch them from the inside??

    • Derrick Crane on 19/12/2022 - 10:18
      +19

      Might have to train one of the mice to do that.

    • BewareOfThe Dog on 19/12/2022 - 10:32
      -1

      Use something like Selleys Expanding Foam and do from the inside if possible. Do it at night, so hopefully rock hard by morning. IF He has an unsightly mess on his side, then say he should have cooperated.
      Then create new weep holes else where?

      • azero on 19/12/2022 - 10:54

        I thought of that, but that means cutting the plaster board and the waterproof wrapping from the inside

        • foolsgold on 19/12/2022 - 13:46
          +37

          dont do this, weep holes are meant to be open, and cavities are there for a reason

      • May4th on 19/12/2022 - 17:51
        +1

        Do it at night, so hopefully rock hard by morning

        absolutely

      • Barca123 on 20/12/2022 - 10:59
        +8

        Do it at night, so hopefully rock hard by morning.

        Sounds like instructions for Viagra…

      • r3volt on 23/12/2022 - 11:10

        The weep holes need to stay open..

    • Ulysses31 on 19/12/2022 - 18:05

      They're not accessible, due to plaster & damp-course.

  • Hellfire on 19/12/2022 - 10:17
    +12

    Is there an easement for access to the boundary wall?

    I had to get my neighbour to agree to that when building on the border.

    • Typical16-bitEnjoyer on 19/12/2022 - 11:56
      -1

      Should be, but builders and local councils are generally lazy.

      • Ulysses31 on 19/12/2022 - 18:06
        +1

        What's lazy got to do with following owners build requests? No one wants wasted space, that just fills with rubbish & dead animals/bugs

      • thom on 21/12/2022 - 07:47
        +3

        Why do you say that there should be an easement?

        Why would a builder or Council be responsible for establishing an easement?

        These comments make me question whether you actually know what an easement is.

        • eltonn on 22/12/2022 - 09:53

          It's actually quite common now for council to impose a condition for the creation of an easement for right of access for narrower lots as part of the subdivision works.

    • Neptunesblood on 19/12/2022 - 20:43
      +38

      Give up the bikies joke. It’s pathetic.

      • ntt on 21/12/2022 - 13:09
        +1

        Chinese bikies? use more effective scary words in Mandarin?

  • Earl of Lemongrab on 19/12/2022 - 10:28
    +34

    Drug lab or he's probably done something to your side of the garage like bolted on some crap like a clothes line or basketball ring.

    • OZKap on 19/12/2022 - 20:34
      +63

      Neighbour has a mouse farm built against OP's garage.

    • Morphio25 on 19/12/2022 - 23:31
      +2

      Why would that be a problem? It's a boundary build and people do that ALL the time, especially for stuff like side access gates.

      • derrida derider on 20/12/2022 - 11:13
        +2

        They do, but it is polite to ask first before bolting stuff on to someone else's wall. Generally only idiots would refuse, but it seems OP does have idiots for neighbours.

        • Morphio25 on 20/12/2022 - 16:08

          I intend on getting around to installing a side access gate on our property over the Xmas/New Year period, I sure won't be asking my neighbour for permission. They poured their slab in September last year, put up a frame in about July this year and it's sat like that ever since. The guy doesn't respond to any text messages either unless he wants something.

      • diddy50 on 23/12/2022 - 17:27

        It can impact the fire rating of a wall/structure.

        but also its your wall, not theirs
        So drilling holes in the wall is damaging someone else's property.

        Put up a post on your side if you want a clothes line up, don't damage someone else's wall. Or ask for permission?

        • Morphio25 on 24/12/2022 - 12:37

          The bolts for my gate post will be going into their slab, not their garage wall.

        • azero on 25/12/2022 - 08:59

          They have done that. Bolted the gate post to my wall with the hinges / load on my side.

          Normally I won't care. But might get it removed to teach a lesson. Lol it will also cost me time and money…

          • tonka on 25/12/2022 - 12:22

            @azero: You may want to consider, with your wall flush to their property. They can teach many lessons as well. You are starting to sound very entitled to have access to THEIR property.

  • jv on 19/12/2022 - 10:30
    -1

    Try this…

    • azero on 19/12/2022 - 10:43
      +7

      Sorry mate, didn't get the irony…

        • azero on 19/12/2022 - 11:17
          +22

          Ofcourse I am ESL - had I been born in here, I would have had my mates sorted it out. Well I am glad that I had enough comprehension to know what your reply was about. Thanks for the corrections.

          The reason for mentioning nationality was, I thought that, may be there was a cultural reason for not allowing a stranger through the side gate. For the whole 10 mins, I was only told, "For you no" and "We can't open".

          But I think that is it very nice of you to point out those in my post although you did not have anything useful to add. You learn something new everyday :)

          • coffeeinmyveins on 19/12/2022 - 11:41
            -2

            @azero:

            I was only told, "For you no" and "We can't open".

            Just sounds like their way of saying they aren't going to allow you in. What they're saying isn't wrong in any way and doesn't point to anything cultural IMO.

          • Islund on 20/12/2022 - 08:59
            +3

            @azero: There is a cultural reason - found that out the hard way. If shared that here I would get a 1,000 more negs than normal

          • PopCounty on 20/12/2022 - 22:31
            +1

            @azero: 👏
            Has to be one of the best comments of the year.

        • dogboy on 19/12/2022 - 11:17
          +11

          I disagree. Their nationality does mean something as it may point to cultural differences that may impact this scenario and the advice given.

            • cookie2 on 19/12/2022 - 13:59
              +22

              @Typical16-bitEnjoyer: Omg can the person just mention the word Chinese without having the racist card pulled out? Or the potential racist card.

            • Geoff01 on 20/12/2022 - 09:32
              +1

              @Typical16-bitEnjoyer: Most will have a bit more intelligence than you obviously. It's comments like this that are the reason the world's gone crazy.

          • coffeeinmyveins on 19/12/2022 - 11:40
            -2

            @dogboy:

            Their nationality does mean something as it may point to cultural differences

            What about "chinese culture" in particular do you think could contribute to this.

            • dogboy on 19/12/2022 - 16:10
              +20

              @coffeeinmyveins: For one - Chinese people do not maintain their homes very well and often do very dodgy illegal crap if they can get away with it. They are also generally not as easy going as us and can be quite spiteful when they feel they have been wronged. I have worked in China and I can tell you there are heaps of cultural differences. Also, Chinese people are some of the most racist people in the world. They don't even pretend not to be. You need to stop being so sensitive and 'woke' and wake up to the realities of life. Not everyone is the godamn same ffs. If you can't accept that without feeling like you are being racist then there is no help for you.

            • RolandWaites on 19/12/2022 - 20:50
              +12

              @coffeeinmyveins: I don't get it. OP is declaring their ignorance by detailing their neighbour's heritage and acknowledging that maybe there's something cultural that s/he's not understanding. It isn't a criticism of Chinese people, it's an awareness of their own inexperience and a plea for anybody with more knowledge of the topic to weigh in. You could have said "With my knowledge of Chinese culture I don't believe there's anything there that should be to blame for this disagreement or "With my knowledge of Chinese culture I believe there's something that could be to blame for this situation, and this is what it is etc".

              But you didn't do that. You didn't try to help. You just went for the throat, throwing out allegations of racism without considering properly what OP had said in the first place.

            • SpainKing on 21/12/2022 - 13:59

              @coffeeinmyveins: You're lucky everyone ran out of negs on you and zeggie's earlier comments

        • cookie2 on 19/12/2022 - 14:02
          +11

          Nobody goes around saying blah blah blah they're esl. Stop finding racism where there's none. Also they weren't bagging their neighbours, they were explaining why they believed there was a possible misunderstanding. unlike you who assumed the Ops English comprehension and that they're a potential racist. Is this the new thing now? If you can call them a racist, call them a potential racist?

        • smartazz104 on 20/12/2022 - 00:20
          +5

          I’m sure Chinese people don’t need you to be offended on their behalf.

        • Whomastadon on 21/12/2022 - 00:47

          There's no such thing as " potentially racist ".

          You either are, or you're not.

          And OP is not.

          In no way was his comment racist.

          You absolute moron .

          Water down the meaning of the word racist more, why don't you.

          • ssfps on 21/12/2022 - 02:50

            @Whomastadon:

            Water down the meaning

            When I hear someone say the word "Chinese" i get flashbacks too. How many have to suffer at the hands of potentially racist oz-bargainers? Enough is enough.

        • coffeeinmyveins on 21/12/2022 - 14:44
          +1

          ooft this aged like milk i'll admit

  • highon2str on 19/12/2022 - 10:48
    +3

    Is it possible to get up on the roof to look at what's happening on the other side and install the covers?

    These weep hole covers look like a good idea, would they keep mosquitoes out too I wonder?

    • azero on 19/12/2022 - 10:57

      Nope, the holes are in the bottom. Wont do anything for mossies as they can't come in anyway - it is a brick veneer with a plaster wall inside.

  • iNeed2Pee on 19/12/2022 - 10:48
    +7

    Tell the Pest controller to being a few extra mice and unleash them in his front garden.
    See if he changes his tune then.

    • dogboy on 19/12/2022 - 11:18
      +5

      I imagine the mice are coming from their property anyway given the comment about the state of their lawns.

      • iNeed2Pee on 19/12/2022 - 11:23
        -1

        That edit came after my comment 😂

  • pharkurnell on 19/12/2022 - 10:51
    +20

    Jump the fence do what you need to do in the cover of darkness, and jump back over.

    Dont tell him your doing it.

    You havent done this ??? why?? did it really need a thread?

    YMWV

    • azero on 19/12/2022 - 10:58
      +4

      I wish but I will have to break his camera s first to not to get a tresspassing charge

      • Bren20 on 20/12/2022 - 09:33
        +7

        The police aren't going to charge you with trespass

      • redfox1200 on 21/12/2022 - 12:00
        +2

        its only tresspass if the owner has told you not to tresspass

    • nswnotill on 19/12/2022 - 11:03
      +5

      I agree. Do the repair/cover up job when you know that no-one is around. Perhaps fill the holes with mastic as they may pull the weepa covers out.

  • BewareOfThe Dog on 19/12/2022 - 11:08
    +3

    Bake some chinese Fortune cookies, and include messages like 'love thy Neighbor', or find some inspiration here. Put them in a nice container, and leave at the front door, with one of those Golden Lucky cats.
    ;)

    • dogboy on 19/12/2022 - 11:19
      +14

      Look out - the racism police on this thread will be after you for this comment.

      • Switchblade88 on 19/12/2022 - 11:26

        It can't be cultural appropriation if it's part of the OP's culture instead of the neighbours!

      • FlyingMiffy on 19/12/2022 - 17:38
        -2

        Casual racism is a real thing. But hey dont let that stop you from gaslighting people pointing out the obvious. You must be whiter than paper to not get that.

        • CodeExplode on 20/12/2022 - 11:54
          +2

          I'm the palest person on the planet and even I get it. The people who don't get it actively don't want to get it nine times out of ten.

        • ssfps on 21/12/2022 - 02:53
          +8

          You must be whiter than paper to not get that.

          Way to use explicit racism to combat a perceived implied "casual racism".

          You must be yellower than a highlighter to not get that.

          Would that quote fly?

    • juzza87 on 23/12/2022 - 11:19

      Those cookies, though sold and marketed as Chinese were potentially invented by Japanese immigrants to America in the 1800s.

  • Rako on 19/12/2022 - 11:25

    If you can get access I think you should use the weepa covers from Bunnings anything that sets hard in the weep holes will create a problem. I assume the weep holes are there to drain rainwater seeping through the brickwork.
    Weep holes are holes or gaps along the bottom of the brick veneer which allow water to drain out from the wall. These holes also serve to provide ventilation in the air gap behind the brick veneer. Ventilation can help to dry out the interior wall layers after a weather event.

  • Typical16-bitEnjoyer on 19/12/2022 - 11:55
    +24

    You're in VIC so you're the 100% owner of that wall. They can't do shit to it.

    If you had a competent builder you should have an easement registered. If not, the garage wall should be at least 10cm or so inset from the rest of that boundary fence. Jump up on the roof and drop down. You're still on your land and you never entered their land. Install weep covers and ninja flip back up to your roof and back into your property.

    Obligatory MS Paint diagram: https://imgur.com/a/lbpLq4J

    • azero on 19/12/2022 - 12:11
      +1

      Thanks, do you know how to see if an easement is registered ?

      • Typical16-bitEnjoyer on 19/12/2022 - 12:16

        Check your title or ask your builder.

        There should have been a planning permit regarding the garage boundary as well. Different requirements if neighbour consented or not.

        Sounds like the neighbours won't care anyways, so it'll just cover you if they call the cops on you.

      • foolsgold on 19/12/2022 - 13:55
        +17

        as an Architect in Victoria with 10+ years of doing many residential projects, I have never ever seen an easement placed for a wall on boundary, and thats all scales, large commercial buildings, apartment buildings, free standing houses, townhouses. And a wall on boundary "shouldn't" be built 10cm off title boundary. you don't have a right to access their property to maintain your wall either, nor to build it in the first place.

        and to clear up some other misinformation, it doesn't matter what approvals are in place for the erection of a wall, all works must be done within your boundary, from your title boundary unless there is an agreement with the adjoining owner and tenant for access. This is usually mutually beneficial to both of you, as they get a better looking wall if the brick layer has better access to it.

        Are mice an issue at the moment? If it isn't I'd just move on.

        • Typical16-bitEnjoyer on 19/12/2022 - 15:49
          -6

          That's interesting. So the dozens of houses in the estate I'm in, all with garage brick boundaries, all various distances from the neighbouring block - I assume most due to gutters, termite barriers etc - and fences that do not line up exactly with the garage brick boundary are all a complete mystery are they?

          • 91rs on 19/12/2022 - 16:37

            @Typical16-bitEnjoyer: If building what the builder deems too close to the boundary (in my experience) they will either ask you to send off a letter to the land owner granting permission to builders to work from the next land parcel to build a wall, do guttering, fences etc.
            If that approval was not obtained I was told that they'd (builders) build the wall from the inside, they admitted it will look like sh!t but if they can't get approvals that's the only way they will continue. I had 450mm roughly between my boundary and where my garage wall is.

            My neighbour built quite a long time after I did, I got approval from him (for the builders to enter his land) and the wall looked great, he built right on the boundary and too close to be able to build from my side (if he got approval), so his looks like sh!t and everything was built from the inside of the boundary.
            That's totally normal, even if its wall to wall, there are no rules about 10cm or easements you can have put in for access, just because you own it doesn't mean you can access it to do anything if you build on the boundary.
            Same way I was responsible for putting a small fence up to cover that gap up, however it is removable in case either of us needed to get in to that void that is part of my property.

            Previous place I lived, they subdivided the block to put in townhouses, they built against the fence for all 4 townhouses that went in, they did it from the inside out and left a sh!tty wall for us to look at, they never tried to get access to the other properties to do it properly. There was no 10cm gap etc.

          • Ulysses31 on 19/12/2022 - 18:09
            +2

            @Typical16-bitEnjoyer: Please stop.

          • foolsgold on 19/12/2022 - 21:27
            +2

            @Typical16-bitEnjoyer: well usually shitty builders who don't pay for a licenced surveyor to set out off a restablishment survey will set their walls up to 200mm off boundary "just in case".
            And volume builders would rather lose 6.5m x .15m of land for an fascia/eaves gutter instead of going through the 'complexity' of putting the gutter inline with the edge of the wall. when your working with good builders or are paying premium for land you don't waste so much area just to cover for the lack of supervision of trades.

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