Who's Responsible for Damage to The Nature Strip?

blingerz on 26/04/2023 - 20:57
Last edited 27/04/2023 - 10:51 by 1 other user

I am currently getting my kitchen renovated. For the kitchen demo, the builders hired a skip to be delivered to my property. When dropping off the skip, the skip driver was reversing into my driveway and drove over the neighbours nature strip leaving tread marks in the grass. Pictures of the "damage".

The neighbour immediately ran out and demanded that the damage be repaired. After a heated discussion, he got the skip drivers details.

Two days later (today), I am getting new tiles installed in the kitchen. Front door was open so that the tilers could come in and out easily. I was in the study in a meeting (working from home). The neighbour walks in, through the kitchen and stands at the door of my study asking if I'm free to chat. I quickly take off my headphones, tell him no and go back to the meeting. It hadn't even dawned on me that he's trespassing. He continues to stand there so I ask him is it urgent. He says "what time would you be free to chat about my nature strip?". I was getting pretty annoyed so I said "I don't care about your nature strip. Please leave". He then threatens to dig a hole in my nature strip but I ignore him and go back to my meeting.

Later in the day, I am taking out the bins and he accosts me saying that I am responsible for the damage because the skip driver is not responding to his calls and that he will dig a hole on my nature strip. This is followed by a yelling match where I refuse any liability and tell him he is having a tantrum over GRASS. It is also technically council property - not his. I have a camera facing the street so will know if he does dig a hole in my nature strip but I just want to get a second opinion to see if I am liable for any damage here.

TLDR: Tradie drives over neighbour's nature strip. Who is at fault?

Poll Options

  • 69
    Grass is not damaged. Just let it grow back
  • 12
    OP is at fault and must fix the nature strip
  • 10
    Skip driver is at fault. Ignore the neighbour and let him resolve it himself.
Home & Garden

Comments

    • JIMB0 on 26/04/2023 - 21:10
      +7

      If I call a taxi to my house and the driver cleans up a few parked cars on my street am I liable?

    • tsunamisurfer on 26/04/2023 - 21:27
      +1

      By that logic if the skip driver lost control of his truck and crashed into the neighbours property, that would also be on the OP to have 'common decency' and build him a new house?

    • pegaxs on 26/04/2023 - 22:46

      Hahaha… what a load of shit.

      My electrician crashes his work ute into a packed school crossing, and I’m liable because he was on the way to my house to do a job? FFS.

  • onetwothreefour on 26/04/2023 - 21:12
    +13

    Once he entered your house without permission that's the point of not trying to help him anymore. Tell him to speak to the skip company and if he enters your property again you will call the cops.

  • rambutann on 26/04/2023 - 21:19
    +2

    This person sounds incredibly bored with their life.

    It will literally grow back fine.

    Any proposed solution would take longer to return to 'normal' compared to just leaving it.

  • robbyjones on 26/04/2023 - 21:26
    +6

    Find out what it is your neighbour wants. We had much bigger divets caused by a truck when the ground was very wet and it took awhile but eventually they went away. If it makes your neighbour feel better get a couple of bags of top soil and dress it. Or do nothing

  • orangetrain on 26/04/2023 - 21:33
    -3

    OP, so callous. You need to fix the damage. Grab a shovel and say you'll start repairing it. Dig up the dirt, flip it over. Pour some water on it. Go back inside.

    He most likely will stop you once you bring out a shovel though.

    • Ryanek on 27/04/2023 - 09:00

      The nature strip is owned by the council. OP has no responsibility to do anything.

  • Summoner on 26/04/2023 - 21:43
    -3

    Him tresspassing your property was wrong, i would be furious too. But damage to the neighbours natures strip is a different story.

    The truck has compacted the soil underneath the lawn. The lawn will grow back, but the compated soil will not. Your neighbour will feel the rut everytime when he is out mowing. If you want peace with your neighbour, take a garden fork to lossen the compacted soil, and add bit of topsoil to level the ground.

  • misfitt1911 on 26/04/2023 - 21:52
    +1

    Tell him to roll on the grass a couple of times.

  • Stopback on 26/04/2023 - 21:54
    -8

    He says "what time would you be free to chat about my nature strip?". I was getting pretty annoyed so I said "I don't care about your nature strip. Please leave

    You escalated it by not talking to your neighbour

  • tight-ass on 26/04/2023 - 21:57
    +3

    The neighbour needs to get a life. It doesn’t even look 'damaged' in the photo.

    Council property anyway and isn’t the OP's fault.

  • Benoffie on 26/04/2023 - 22:05
    +2

    Neighbour is a nutbar. Council's problem. If they have an issue, they are free to call the skip conpany.

    If the neighbour keeps it up, call the police.

  • SBOB on 26/04/2023 - 22:08

    Garden fork and 5 mins and you wouldn't even be able to tell there was an issue.

    Plus it's not their land. If the council has an issue tell them to get the council to call you.

  • Rako on 26/04/2023 - 22:30
    -1

    Firstly I would apologise to the neighbour & offer to do a repair. Here's how I would repair the damage, with a sharp shovel I would cut out the grass in sections, fill the ruts with river sand or topdress & the replace the grass back on top.

  • pegaxs on 26/04/2023 - 22:51
    +1

    Not your problem, tell them it’s between them and the truck driver… or the council… the actual owners of that piece of land…

    Also, technically, they are not trespassing until you ask them to leave and they fail to leave. You are then legally entitled to remove them using “reasonable force”…

    I have a “do not knock” warning on my front door for sales reps and god botherers, that upon reading the sign, they are asked to leave and failing to leave gives me the right to remove them using “reasonable force”. I love catching them on security cam reading the notice and just leaving…

    • morse on 27/04/2023 - 02:36

      “do not knock”

      It sounds like OP’s neighbour didn’t - just walked into their house.

      • pegaxs on 27/04/2023 - 18:27

        OP said;

        Front door was open so that the tilers could come in and out easily. I was in the study in a meeting (working from home). The neighbour walks in, through the kitchen and stands at the door of my study…

        This sounds exactly like the neighbour just walked into OP’s house… front door was open. Are you suggesting that the neighbour broke in? Sounds like they just “walked in” using the “open door” to me.

        It isnt trespassing until you are asked to leave and fail to leave. This can either be a verbal command to leave, or a sign on the property warning not to enter. The only other change is if they broke something on the property to enter it, like breaking a door or lock to gain entry. This then becomes “break and enter” and is a criminal act rather than a civil one.

        I will admit that it is super shitty and creepy AF to just go into someone’s house like that and OP had every right to tell them to get the (fropanity) out immediately and call the police the moment the neighbour failed to spin on their heels and walk out straight away.

        • morse on 27/04/2023 - 20:07

          I think this varies state to state. In QLD it’s called ‘unlawful entry’ and it means entry to another property without permission, and you don’t have to explicitly say they are not welcome. Not sure about other states.

    • Surfsalot on 27/04/2023 - 16:27

      lol yeah right as long as they are a skinny 50kg weakling I bet.

  • Euphemistic on 27/04/2023 - 05:44

    An all round bad situation.

    Good neighbour would have offered to repair it with a few minutes and a bit of too soil. “Sorry Bob, I’m busy for the next few days, I’ll get some top soil on the weekend”

    Also a good neighbour would not enter someone else’s property to confront over such minor damage. Knock knock. No answer, I’ll come back later you just be in the middle of something.

    You’ll need to sort out either the skip company or yourself to sort it out or likely neighbour will be come an even more painful experience in the future. Sounds irrational.

    Council are unlikely to do anything as they didn’t cause the damage and it’s up to landowner to maintain a nature strip.

    • morse on 27/04/2023 - 07:46
      +1

      I agree with this mostly, but I suspect the neighbour will also be unhappy with whatever repairs are done and complain more.

  • lostgoat on 27/04/2023 - 07:50
    +2

    Another Psycho neighbour . You should have been diplomatic with your meeting with him .
    Forget about the grass and worry about your security as your top priority .

  • WreckTangle on 27/04/2023 - 09:27

    This should be between the council and the truck driver. No business of the neighbour.

    • Euphemistic on 27/04/2023 - 12:07

      Except the council does not maintain nature strip outside private residences.

  • Surfsalot on 27/04/2023 - 16:29

    lol as if council will do anything your dreaming

  • AndyC1 on 27/04/2023 - 19:54

    Ask your neighbor to call the council and make a complaint as the council owns the nature strip and therefore will let you know what is required. I am 99% sure the council will do nothing the the neighbor will be one the phone to the council for an hour and get no where…..

    Also let the neighbor know that if they come into your house without permission you will be calling the police as they are trespassing and the police will deal with the trespassing.

    • morse on 27/04/2023 - 20:08

      Council might do something if they say it’s a tripping hazard.

  • mding on 27/04/2023 - 20:49
    +1

    Looks just like some crushed, flattened grass? a mow and it'll be gone, just mow it along with your own nature strip next time.
    worst case half a bag of soil/sand will level it and grass will grow back in a few weeks.

    Your neighbor has mental problems. I suggest leave a card for your local psychiatrist in their mail box.

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