Neighbour Refusing Access to The Boundary Wall

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.

Comments

        • +22

          As a Land Surveyor in WA I agree completely with foolsgold.
          No one is going to put an easement on their property to allow the neighbour access to their wall. Why would you encumber your land without any benefit for yourself, unless the neighbour gives you compensation for the easement.

          If you put an easement on your land for the neighbour to access to maintain their wall you would never be allowed to build in that area.

          If you want to access you wall you normally fill out a form (BA20A) and give it to your neighbour to request access to their property, if they refuse you can then apply for a court order. But most neighbours would let you access the area, unless you have been a pain to them beforehand.

          No one in WA builds 10cm off the boundary that's just waiting space, it's either around 2cm, just as a safety net to ensure they don't build over the boundary or 1m so they can actually walk between the building and boundary.

          If two neighbours built 10cm off the boundary on the same side, you would have a 20cm gap that would be useless and no one could access it still…only cats who end up getting stuck between it.

          • @rewstar: Magpies can get stuck in that void between properties too. It's big enough to get down for a juicy worm or beetle but doesn't have the width to let them open their wings and fly out

            Best thing to do then is offer a long stick for them to climb up or call your local wildlife shelter so they can catch it and assess it for injury

          • @rewstar: Sounds like the neighbour is being very obstructive to refuse access ? I would never dream of being that annoying to my neighbours

            • @andrew229: Yes, most neighbours wouldn't mind their neighbour to come over to access the wall, especially if it's only for 10 minutes or so.
              But the neighbour could have a reason not to allow access from previous encounters with the OP.

      • In NSW, Zero Lot walls in new estates are often supported with an easement for access which is created at the subdivision stage. May be worth looking into, although unsure if this is also something which is done in VIC.

        • Yep, my estate in NSW has a maintenance easement for all zero lots alignments. They were put in by the developer at the time of land registration.

      • +1

        There is no easement registered. There, I saved you the trouble.

    • +1

      Jump up on the roof and drop down

      but how do you get out?

      • -3

        ninja flip

        or common law right to leave the usual way lol.

        • +2

          walking out the front gate doesn't sound very ninja-ly

    • +2

      Ozb, please don't listen to any of this. No idea.

    • +3

      Never have I seen so much bad advice in one post.

      The neighbour isn't wanting to touch OPs wall. Just not permitting OP from entering their property to access the outside of the wall.

      Second, never have I seen an easement registered for this purpose.

      Third, where are you getting 10cm from? You can build right up to the boundary on many zero lots (so long as the garage doesn't have any eaves or gutters overhanging the slab).

    • Gotta play the MI music In the background as well 😂

    • An average adult cannot fit into 10cm gaps.

    • They own the wall, not the land directly adjacent.

      So they can not let OP into their yard to access the wall.

    • Well what an excellent idea. Make sure to run yourself through a pasta machine to flatten your body to 10cm thick huh. Easy done. You cracked it buddy, so smart.

  • +1

    Just go do it when they aren't home.

    Who cares if you are on camera.

  • +10

    I'm willing to bet, he took offence at you asking them to move his camera and this festered and dwelled inside him for a year.

    • +8

      Plot twist: neighbour is upset he can no longer watch op walk around in his house naked. Payback is a bitch.

  • +7

    If it's a 2 min job can you give him the hole covers and ask him to install them, pretty please? Plus a slab for his trouble?

    Maybe he just values his privacy.

    • he will insert into the weep holes. job done, no worries mate.

  • "All I want him to do is to open the side gate for 2 minutes "

    Any reason you can't do that yourself at 2AM one morning?

    • security camera :) 2 of them

      • Bugger.
        What crap neighbours you have.

      • +5

        Don't go at 2am cause that actually is dodgy to be sneaking around in the dark.

        Just go over in the middle of the day when you know they aren't home.

      • +8

        Turn off the mains for few mins when they are away and go in!

      • +1

        Strap some infrared strobes to your body and your all good to go. The cameras will be completely blinded.

        • Or get a lazer pointer and point it at the camera lens.

  • +5

    Maybe they are growing weed or something in a shed in their back yard and just don't want you or anyone else to see it.

    • +6

      Illegal mouse farm.

    • +1

      This was my first thought. The only reason I'd say no is if I was growing something in the garden I really didn't want the neighbour to see.

  • +1

    what are these weep holes? just gaps between the cinder blocks or something?

    cant you put covers on your side? and/or use expander foam and let your neighbour sort out the mess on their side?

    In regards to the neighbour I see three potential reasons for why he doesn't want to give you access (in order of reducing likehood, and may be a combination):

    1. you under estimated how much you annoyed him with your CCTV issue.
    2. he is a unpleasant jerk.
    3. he is running a drug lab.

    So, he might be a jerk running a drug lab…

    Invite him around for a baby spinach sandwich…

  • +1

    Spent $500 putting 2 big screening panels to cover my living from his cctv rather than complaining further.

    What on earth?

    So..did they turn the camera away or no?

    Sounds like something dodgy going on over at old mate's

    • +1

      They turned the camera to a side as much as possible, but the viewing angle on the lens would still allow to see my living. I talked to the installer as well, they put a privacy block in the view via software - but anyone with the pwd (ie. home owner) can remove the privacy block anytime they want.

      If it helps, before I put the panels, I could still see the lens of the camera while sitting on my lounge.

      All they had to do was move it 1m and it wouldn't have created an issue. But I decided to put the panels on rather than taking it further - which I regret now.

      • Just tell them you will report the CCTV camera to the police now if they don't let you deal with the wall.

        • For what?

          If he likes he can install 50 cameras down the fence line pointing straight into the house. It's not illegal. Just like standing at the fence and staring over it into your yard isn't illegal.

          • +6

            @bejahi: It is illegal to record something on private property that the person there has a reasonable expectation of privacy. Look up the laws.

            • -5

              @dowhatuwant2: you're gonna have to link that law you reckon you've looked up pal. Coz you're wrong sorry.

              • +4

                @bejahi: 12 Possession of record of private conversation or activity
                (1) A person must not possess a record of a private conversation or the carrying on of an activity knowing that it has been obtained, directly or indirectly, by the use of a listening device, optical surveillance device or tracking device in contravention of this Part.
                Maximum penalty—500 penalty units (in the case of a corporation) or 100 penalty units or 5 years imprisonment, or both (in any other case).
                (2) Subsection (1) does not apply where the record is in the possession of the person—
                (a) in connection with proceedings for an offence against this Act or the regulations, or
                (b) with the consent, express or implied, of all of the principal parties to the private conversation or persons who took part in the activity, or
                (c) as a consequence of a communication or publication of that record to that person in circumstances that do not constitute a contravention of this Part.

                https://legislation.nsw.gov.au/view/whole/html/inforce/curre…

                All states have laws like this, you aren't allowed to just record stuff going on where people have the expectation of privacy without the express permission of all participants unless you have a warrant basically.

                • @dowhatuwant2: Lol that is for a private conversation.

                  You are allowed to record whatever you like in a public space, or on your own property.

                  • +1

                    @bejahi: private conversation OR ACTIVITY

                    In legal stuff the details matter. It's ok to admit when you're wrong. Shows maturity. Also its certainly ok to record on your own private property, but we are talking about a camera that can see over a fence into a window that isn't normally visible so there's an expectation of privacy there that means these laws apply.

                  • +1

                    @bejahi: It doesn't matter at all that the space is private. That is not how the law is written. You can't just make up what you think would be most reasonable and assume that what you come up with is the law.

                    "private conversation means any words spoken by one person to another person or to other persons in circumstances that may reasonably be taken to indicate that any of those persons desires the words to be listened to only—
                    (a) by themselves, or
                    (b) by themselves and by some other person who has the consent, express or implied, of all of those persons to do so,
                    but does not include a conversation made in any circumstances in which the parties to it ought reasonably to expect that it might be overheard by someone else."

                    Have fun arguing that someone's front yard with very little foot traffic is a place you "ought reasonably to expect that it might be overheard by someone else". If you get that wrong you could end up in prison for 5 years.

                    • +1

                      @syousef: Okay. The difference here is you guys are playing bush lawyer whereas I have dealt with this specific issue numerous times. However whether or not you learn the law around cameras on residential properties changes my life zero, so carry on as you were!

                      • @bejahi: In what state and in what capacity? Are you a lawyer and were these your clients?

                        • +1

                          @syousef: Bejahi is correct, syousef & dowhatyouwant2 are wrong.

                          Source:
                          https://www.oaic.gov.au/privacy/your-privacy-rights/surveillance-and-monitoring/security-cameras#:~:text=If%20your%20neighbour%20has%20a,(see%20the%20table%20below).

                          • @mrvaluepack: I never said backyard, I said looking into window that otherwise wouldn’t be viewable aka over a fence.

                          • +1

                            @mrvaluepack: This source does not in any way prove that “Bejahi is correct, syousef & dowhatyouwant2 are wrong.“

                            It says:
                            “The Privacy Act doesn’t cover a security camera operated by an individual acting in a private capacity but state or territory laws may apply.”

                            Example of said laws have been quoted by dowhatyouwant2

                            • +1

                              @john_conner: This place is nuts. If you get your legal advice from these threads you are going to have a bad time.

  • Neighbour want mice off his property; simple.

  • Get a cat & keep it in the garage

  • +2

    Live rat/mouse trap cages work really well, i have two and every few months i catch rats near my chicken coop. They will always find a way back into the wall even if you think you patched every hole. Just keep catching them everyday until they disappear. They're great because if you suddenly get rats or mice again 2 years later, you can get them out again.

  • +3

    Had the same problem from the other perspective. Neighbor wanted me to cut down plants around their wall. Sent me an text asking and I said sure, when I didn't do it immediately that same afternoon, sent me a text saying forget it they would do it, then next morning at ungodly hour sent me more messages photos etc of the 'problem'. Then sent me texts telling me this would cause bad blood. Then they jump the wall and cut down my plants and poisoned some more. I left the chopped up plants there added some more and turned it into my compost pile.

  • +1

    My townhouse is built 100mm short of the boundary.
    I recently did a major renovation that required scaffolding in the neighbours yard. It's an IP and the place was empty (and still is).

    Our Project Manager had to get an access agreement with them. If they refused to agree to allow access the next stop was the land and environment court. If the reason for access is reasonable they can't refuse access but they can stretch out the process and make it cost a lot of money in legal fees.

    Mine cost me the Project Managers fee for 9 meetings (he usually needs 3) and 6 amendments to the access contract (usually needs 2) and a dilapidation report ($400) and a $5000 bond to cover the $200/week "rent" for 19 weeks. We are having such fun now trying to get the $1200 remainder of the bond back from her.

    Those are your legal options. Are your mice that bad?

    • What a loser. Bad luck.

    • 19 weeks that sounds real major… I would probably have said no too

      If your building something so large and close to the property boarder that alone is going to pis's them off

      • It was major work that we'd been planning since early 2018. 4 townhouses getting the roof line of a storeroom changed from 45 degrees to 7 degrees to make it a habitable room on the existing 3rd story.

        8 tonnes of scaffolding all brought down a 1m wide passageway and bugger-all room to assemble it all.

        The neighbour's property is an investment property which was undergoing renovation at the time and had been empty for 12 months since March 2020. The owners main concern was that our scaffolding would make her property less attractive to tenants (fair enough). Here we are Nov 2022 and it's still being renovated and the owner hasn't attempted to get a tenant.

        The neighbour at the other end of the site didn't have an issue. Agreed to access after 2 meetings and was paid $300/week (because that's what she asked for) and she was in her home all the time and used the money to renovate her garden after the work was over.

        We live in a high density residential area full of terraces or semi-detached housing. 90% of the houses are built to one or both property lines. Ours falls short 100mm on one side and 80mm on the other

        After removal of the scaffolding the sight was checked by an independent 3rd party for any damage from the scaffolding.
        We also patched some existing damage to the render caused by their tenants and repainted 200 sqm of wall in the colour of their choice.

        What more can you do if you have to get a job done legally?

  • +8

    Get them to remove the garden edge that was built 50mm into your property

    • Yeah but who is op really going to enforce this with that’s not going to cost op $$$$ - or their neighbour to just shrug and feign language barrier.

      • Just say you will do this to get their attention and then you may start to get some cooperation, but no chance if they have something dodgy going over there.

  • +3

    Did not complain when their landscaper built their garden edge ~50mm into my property

    If you can prove this, this is your answer - possibly.

    Tell them you'll destroy their garden edge to the boundary line if they don't let you do what you need to.

    Of course, they might not care. Go through with it if you say you will though.

    • +5

      either way, the relationship is now soured. OP should claim back the 50mm

  • +2

    Maybe they are offended you said the mice came from their property or they want to keep the escape path for the mice.

  • -7

    Learn Chinese and ask for permission… They'll have more respect for you instead of thinking some annoying gwailo living next door

    • For once, username checks out.

      • +1

        how?

  • +7

    Tell him you've bought some snakes to control your mouse problem and you need to install the covers to ensure they don't escape into his property.

    • the neighbour may have seen the OP's snake by installing and pointing CCTV into OP's living room. and it maybe not that scary

  • Get a cat.

  • +1

    Hire a crane and dangle yourself Mission Impossible style over the fence?

    Serious answer: Mouse traps on your side just by the holes. Life's too short for this nonsense.

    • the holes are inside a wall

      • Anywhere nearby the hole, with a bit of peanut butter.

        • Put an X on the diagram where you'd put the peanut butter

          https://weepa.com.au/knowledge-centre/water-blowing-through-…

          • +1

            @Bren20: Honestly not sure if you're trolling but I'll give you the benefit of the doubt.

            Peanut butter goes in the trap. The fastkill grey and red spring ones from bunnings are decent. And the trap can go literally anywhere near the wall. At the base would be fine. The mouse will come for the peanut butter. You don't have to put it in the wall or in the hole.

            But OP is wasting time plugging up holes. The mice will have no trouble climbing walls and fences.

            This entire topic is misguided.

            • @syousef: I'm not trolling, you don't understand the problem.

              The mice are getting into the garage walls through the weep holes. Your suggestion to lay traps doesn't make sense, as there's no where to put the traps, and you can't put them in the wall and you can't put them outside the weep hole as that's in the neighbours property

              So, going back to my previous post

              Put an X on the diagram where you'd put the peanut butter trap

              • @Bren20: What part of "ANYWHERE" do you not understand?
                What part of "At the base would be fine" do you not understand?
                What part of "The mice will have no trouble climbing walls and fences." do you not understand? If you plug or cover the holes the mice will just go over the walls. It's a wall, not a freaking air lock.

                If you can't work it out from what I've said putting an X on your diagram isn't going to help you, mate. Please go troll someone else.

                • -2

                  @syousef: Okay buddy, you obviously don't understand how the wall works if you think you can put a trap at the base. I asked you to mark it in the diagram with an X so I could try to understand what you were trying to say.

                  • +1

                    @Bren20: You think a wall can keep mice out. Every wall has a base - a bottom that meets the ground. There's definitely a lack of understanding here, but not mine.

                    • @syousef: I don't know why people get so defensive

                      Your original post says put the trap "just by the holes" and shows an obvious misunderstanding of the issue.

                      • +1

                        @Bren20: You ignored every piece of advice I gave you, want me to put an X on your diagram when I've clearly told you almost anywhere will work, and insist that I don't understand the problem, then "I don't know why people get defensive". I have no idea what you're trying to do. Troll by confusion? .I've wasted enough time on this and on you.

    • I was just about to post the same thing…well played

  • +4

    Did not complain when their landscaper built their garden edge ~50mm into my property

    I feel like this is something you 100% should sort out. Especilly now that they've refused you access for something simple. Like "hey I just noticed your garden edge is on my property, I'm gonna have to rectify it so we're clear where the boundary is in future."

    • +2

      Exactly, jam him up about this.

  • Weep holes aren't large enough to let mice in. They must be getting in somewhere else

    • I had same problem and yes that is how they get in and out. Once i covered all mine no more issues. The problem is some of those holes are slightly larger and is enough for them.

    • They are.

      • they're supposed to be a mortar joint wide - so less than 10mm. If mice get through that.. well, those are tiny mice.

        • So very wrong. It's comon knowledge that mice can fit in weep holes, that's why the product OP wants to install exist in the first place.

          • @m0nkeycheese: what's wrong? That weep holes are less than 10mm?

            what's your problem?

        • +2

          My cat is like 15cm wide in the middle, but can get through a gap half that by flattening / stretching herself out to be skinny enough to get through. Equally, if she doesn’t want me to pick her up, she will crouch on the ground and distribute her weight as far as it can stretch to make it more difficult to pick her up. Think Mrs. Incredible.

          Anyway, mice also possess this dark magic.

  • -1

    Call up council and ask them about access. 90% of these posts can be solved with a call to council.

    The problem you are going to have is that your neighbour might pull out any weep barrier you put in. You need to get access yearly to do an inspection to make sure it's all good.

    • +3

      Already did, response was, it is a civil matter between neoghbours and we can't intervene. They referred me to 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!

      • +1

        Right, that somewhat complicates things. I am not a lawyer, but this is what I would do

        I think your next step here is to call a lawyer and have a chat, get an indication of what it's going to take to get access (in terms of $$$ to the lawyer, and an understanding of the process).

        If the lawyer route would work for you, then talk with your neighbour and say that your about to spend a bunch of money on lawyers to get access and you'd appreciate if they would let you in to put the covers in. If no, then engage lawyers.

        If the lawyer route is too expensive, then give up, or just go over and put them in, and go over occasionally to make sure they're still in. Police aren't going to care about trespass for this.

        Also, claim back your garden space. Do it after you've resolved the weep hole issue. There's no rush, but you have to do it before 15 years to demonstrate that it is your property, otherwise it becomes their property under adverse possession laws https://gibbswrightlawyers.com.au/services/adverse-possessio…

        • ah thank you, appriciate it

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