Unreasonable neighbour making changes to shared dividing fence

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;

  1. the divided fence is shared property
  2. no notice, no agreement, nothing to inform us; he just got up on a lazy Sunday morning and started to erect it
  3. it's ugly and not aesthetically pleasing and makes it look like a prison
  4. 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;

  1. 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
  2. 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

Comments

  • Concertina wire in a neighbourhood is pretty extreme…is he erecting another one on the other side of his yard? Assuming he has neighbours on both sides of his house? If so, maybe you can speak to the other neighbour and see what you can do about it…

    • Concertina wire in a neighbourhood is pretty extreme…

      they're about 15cm in diameter so not as big as the prison ones but yeh I would say pretty extreme given our neighbourhood isn't a dangerous one by any means.

      good idea on the neighbour thing - I know he's done it to the back so it's going to take some Google mapping to work out what street & house shares that boundary with him but I'll have to do a bit of jumping around to see if he's done it to the house on his right
      Not sure what we could so as neighbours together thoufh as we're all in stand alone houses, times like this give me new found appreciation on how strata has such strict rules

    • +2

      I really love this story and could have so much fun if he was my neighbour…

      For him to go to all the trouble and expense of the barbed wire makes me wonder why he didn't just simply put in an alarm as well as window and door locks. That's what sane people do, and insurer's generally like this rational approach. Nevertheless, the barbed wire shed macramé has a real Long Bay Gaol aesthetic to it - very strange.

      Perhaps he is involved in something illegal, hence the paranoia?? ; )

      The reality is some neighbours are just *&^%heads. Unfortunately you cannot plant a spite hedge any more to hide him and his fence adornments, and that may not suit you or your Mum anyway:
      http://www.smh.com.au/nsw/laws-to-trim-spite-hedges-down-to-…

      Follow the Council up because the Police will only say it's a civil matter. If you make little progress with Council, then for me it would become a fun game of attrition to try and *&^% him off so he either stops, or does something so bloody stupid that you can go to the police about it. And here is the clue: very simply because he has already thrown away the rule book on normal social graces, you don't need to follow the social rulebook either.

      One respondent suggested making it Nuclear if he was a nutter, however given his paranoia I would start a long running and humorous ground war first. See here for some lateral inspiration from David Thorne http://www.27bslash6.com/ This is my favourite: http://www.27bslash6.com/f4s.html

      Ground War Strategy 1 would be grabbing some old carpet dumped on Council pick up day to throw up over his wired-up shed. It would absolute crap for him to pull down out of the barbed wire. Keep doing this every couple of months.

      If he challenges you about it, just tell him it must have been a burglar! If he is paranoid, this will help make him even more paranoid. Ask him who his insurer is. Regardless of who the insurer is, tell him that company is well known for ripping customer's off. Tell him about the 2 times you've been broken into, and say your insurer paid you out and fixed all the damage. Find out who the worst insurer is and tell him they are who you insure with. Tell him about the 7 neighbours who have also been broken into too. The game is to be quite loose with the truth in order to play with his head!

      In any war a defence strategy is also needed. I'd set up some hidden webcams front, back and on the side looking along the fence over his side in case he decides to trespass or worse. See here for just one cheap method using an old computer http://lifehacker.com/5233052/motion-detection-is-an-effecti… Google is your friend for cheap ways to do this.

      Ground War Strategy 2 is a night time raid with a pair of long handled Bunnings wire cutters from your side of the fence. You don't need any "give-away" cuts on your hands. And if he puts it up again, let it stay up for a month, then cut it down again. Again if he challenges you just tell him those burglars must have come back! And ask him if they've broken into his house again and if he has changed his insurer yet? Ask him if he keeps cash or drugs at home and if that is why the burglars keep coming over to recon his house… If he denies it, tell him that he really must be doing something bad for all the attention he keeps getting from the burglars.

      Ground War Strategy 3 is doing some google research on all the creative ways you could make life difficult for him, but use a free VPN. Especially any that you can blame on a burglar or are typical ways of his cultural background.

      Best of luck with your studies, they must come first. And don't do anything that gets you in strife with the Police - you are young and have a career to develop! And an especially dopey neighbour to really enjoy *&^%ing off.

      • Does sound fun and if I had plenty of time and the same issue would love to do, but there are to many holes in the plan, what if e gets a picture of you doing any of these things, you are more likely to get into trouble than the neighbor.

      • Sounds like you have a lot of time on your hands.
        You should just go to OP's house, camp in his backyard and mess with the neighbour.

  • +17

    Call your council for advice.

    • thanks robbyjones, he's been in trouble with the council before on stuff he's erected on the grass at the front - just didnt know previously if council dealt with dividing fence issues :)

    • +5

      This.

      I doubt its razor wire, since its ilegal to use on residental properties without express permission/permit from the council. Barbed wire you can use to your hearts content.

      Just report him to the council, i doubt he has a permit so he will get bitch slapped hard.

      • Copie not a fence expert so I'm not sure what the differences are between razor and barbed based on some quick Googling

        i like your "bitch slapped hard" notion and hope the council does take it up

        • +2

          Barbed is typically used for stock control, basicly pieces of wire every 15-20cm or so with a sharp pointed end, designed to deter livestock from hitting or rubbing on the fence.

          Razor wire is typically that round looped fencing wire that sits ontop of a standard wire fence, it has pieces of razor sharp blades attached every 10-15cm along its length and is designed to cut a person/beast on contact. Its very nasty stuff and highly dangerous.

        • @Copie: it's definitely the round loop stuff and not just a wire with sharp spikes throughout although he's got the wire with sharp spikes along the part closer to the front - will definitely check with the Council as you mentioned because this is suburban Sydney and we would definitely not be classed as a rural area by any means

        • +1

          @vdj:

          Razor wire example
          http://img.diytrade.com/cdimg/1173583/14267145/0/1282632615/…

          Barbed wire example
          http://img.diytrade.com/cdimg/1173583/14268026/0/1282633523/…

          Both types of wire can be looped in a concertina type fashion.

          Which type is it?

        • @t_c: ah thanks for the explanation, its the barbed wire kind

  • +6

    Definitely approach you council. Preferable with photos if it is really ugly. Rules will vary between municipalities but from the sounds of it it is something they could take action on.

    • thanks True Bargains hopefully our local council will deal with it even if it's around the back and not at the front

  • +1

    It could even be:
    http://www.austlii.edu.au/au/legis/nsw/consol_act/ca190082/s…

    How is your neighbour going to explain this to the Police if they get injured while pursuing an alleged offender?

    • nice find holdenmg not sure if it'll cause grievous bodily harm as its not too big but I'm not sure what the rules on that are and he's definitely put alot of spikes throught
      "Sorry officer, I have an erecting problem…?" hahaha

  • +1

    I would let him make it and next day when he finish with his fence and silly wires. I would call some builders to remake the fence and do it as i want it to be,even with out informing him.
    Tit for tat dude. If he ask just say its my wall too I do what i want to, if you can.
    or
    You can call your council and ask what is best thing you can do.

    • TurkishDelight your first solution was what I said to Mum - if I didn't have exams I'd just take it off whilst he put it on just to tit for a tat but I think as a matter of principle Mum doesn't think we should have to deal with it - also he will probably put it up again
      When the council made this neighbour take down stuff he erected on the council grass in front of his house, he put it back up again in a different way and even after their threats making him take everything down, he erected a little sign to say "no riding on grass"

      • -6

        is he australian?

        • He is of Asian decent if you're asking for ethnicity.

  • If the local council won't help you out I would approach it another way…

    He is making himself liable to civil action as he owes a duty of care to ensure that visitors to both his and your property are reasonably safe - even trespassers.

    So if
    1) You or another person hurt themselves on the razor wire while doing some gardening you can sue.

    2) The sign he erected saying "no riding on grass" is on the footpath and you were to fall over it whilst riding your bike he would be liable…

    Tie him up in legal battles until he learns not to be an *sshole

    • iratepirate yes I was thinking of writing him a letter outlining the legal responsibilities he has doing this.

      1) You or another person hurt themselves on the razor wire while doing some gardening you can sue.

      great point I did not think of the gardening aspect !

      2) The sign he erected saying "no riding on grass" is on the footpath and you were to fall over it whilst riding your bike he would be liable…

      tbh I'm on the other side of the sign and it doesn't bother me at all cause it's tiny and the council kind of already reprimanded him about the rope which I was more concerned about because there are young children and elderly in the neighbourhood

      Tie him up in legal battles until he learns not to be an *sshole

      some people don't really learn - mum's kind of let him have his way with alot of stuff, he complained about something on our own property and when mum said she was not going to remove it as she felt unsafe (think it was our old TV antenna) - he came over to take it down himself

  • True some people never learn.

    You know that he is not swayed by reason - you tried to reason with him whilst he was installing the razor wire.

    Find out if if he is swayed by imminent legal action - get a solictor to write the letter it won't cost much. If losing wads of cash and or bankruptcy don't change his mind then you are dealing with a nutter.

    When dealing with a nutter it's best to go nuclear straight up.

    Tell his home insurance company he has installed the wire - there are only a few companies; write anonymous letters to each - they will cancel his insurance. God forbid that anyone has an accident - he would be personally liable.

    Install cameras, make complaints to the police (starting with trespass and theft/malicious damage over the TV antenna) get his nutty behaviour on the record.

    Get your solicitor to state in the letter that you have removed his common law rights to access your property and that if he trespasses reasonable force will be used to remove him. If he sets foot on the property you are entitled to use "reasonable force" (i.e. brake no bones draw no blood) to remove him.

    • thanks for all the tips iratepirate not sure if the police will deal with complaints as he hasn't trespassed since then (as far as I am aware)

      Tell his home insurance company he has installed the wire - there are only a few companies; write anonymous letters to each - they will cancel his insurance. God forbid that anyone has an accident - he would be personally liable.

      On what basis would they cancel his policy? Would love to see that happen.

      • The police won't deal with any complaints - they will file it under neighbourhood dispute and do nothing. You are making a paper trail so make sure they take your complaint and give you a report number.

        He has increased the insurance companies liability - they are now aware that he has set up devices to maim people - if they do nothing about it and someone is injured they open themselves up to a civil claim. They will ask him to remove it or cancel the policy.

        • thanks iratepirate didn't think of the paper trail backup and ah it'll depend if his insurance company deems it a device that can maim people but hopefully they do, will definitely give it a shot if the other methods discussed don't work

  • +1

    1. Apparently thieves enter his property over our fences (how on earth because its our backyard I don't know)

    It happens more often than you think. I have caught random people in the act jumping between fences of interconnecting houses giving the old 'fetching a ball' excuse when there is no ball or possibility of anyone playing ball at that level of daylight. These thieves roam the neightbourhood, scouting for opportunities, but it's best your neighbour take action not with barbed wire but by securing doors and windows with shutters etc instead.

    • hi plmko I know what you mean but I mean the fact that he claims they're 100% coming from our side and not his other neighbours seems a bit farfetched for me & as you said barbed wire is not the correct action but better security around his actual house
      We've been living here for 15 years and haven't ever had an issue, we have secured doors and windows rather than go crazy on the neighbours

  • +3

    I think if a neighbor put up barbed wire on my boundary fence where I could see it…I'd be pretty upset. Upset enough to wait patiently until they drive out to go shopping and then get out the wire cutters and take it all down again. And if they complain…just say…"damn thieves!!! Better put up a video camera instead hey?"

    • backpaqer I'm tempted to but I'm currently sick & have exams but also Mum thinks its a matter of principle that we don't have to deal with taking it down… Might have to do it when both Mum & neighbour are not home hahhaa

  • +5

    Next time you see him pick up his tools to start work on the fence :

    http://www.doityourself.com/stry/using-a-6v-battery-charger-…

  • +1

    Theives do jump the fence, it happened to our neighbour. Maybe try to work something out with him that is more attractive that deters thieves.

    • minniethemoocher - my grandparents live in a granny flat out the back & my grandpa spends 90% of the day in the backyard similarly my grandma is usually in the backyard if not in the kitchen which is at the backyard….
      They're old BUT a thief wouldn't be able to jump the fence and neither of them NOT realise, we also have those fences and gates to stop people getting into our backyard so I don't find his argument valid that people came in through our backyard first - they would've had to go through half my family

      • You'd be surprised how sneaky thieves are.

        "we also have those fences and gates to stop people from getting into our backyard"

        You do realise a criminal will just jump the fence… Criminals go fence hopping too when doing break and enters.

        • -2

          thieves will also burn your house down and shove a knife through you too but that doesn't mean you fight violence with more violence or over the top things - I think theres a right and wrong way to go about protecting your house
          for what its worth barbed wire can also be jumped whats his point then?

        • I think your neighbour is going for deterrence. Of course if they wanted to bypass the razor wire they'd just cut it but why spend so much effort when they can just jump your fence and break into your house.

  • +1

    This reminds me of the Robert First poem. "Good fences make good neighbours".

    • think you mean Robert Frost whose poem is indeed lovely

  • +1

    Approach with caution. Do you know if the neighbour has actually been robbed? It could be a paranoid delusion, or perhaps the neighbour is growing 'crops' on his property.

    • I believe there was a minor break in but not much actual loss - not sure if he's just being paranoid cause no one even called cops perhaps a kitten knocked over his pot plants or something

  • what suburb… our council?

    • Canterbury council

      • Because of your post, this suburb will soon become ozbargain.

        • haha what do you mean ITveteran?

  • +17

    Call Crimestoppers, anonymous tipoff that your neighbour is producing drugs and fortifying his property in case of a potential raid.

    • +1

      awesome…. call hank schrader

      • My name is Asack Schrader

      • i'm guessing this is some sort of breaking bad reference I don't know about … haha in which case if he really is producing drugs and OzB doesn't hear from me, YOU KNOW WHO DUN IT

    • can people actually do that without consequence?

      • +1

        I guess if you are reasonably suspecting he might be doing that.. and you word your anonymous tipoff that way? ;)

  • +1

    Neighbour from HELL!!

    • HAHA our old neighbours who sold the place to him told us before he moved in that he had to sell his last place cause he didn't get along with the neighbours, part of the reason they bought their place was because our old neighbours told him my mum is really easy to get along with - which she is cause we've obliged with his outrageous requests alot and when they were renovating the house before the movein, we lent all kinds of stuff to them and then once they moved in, won't even greet us back when we say hello

      • +1

        Sounds like he is Homer and you are Flanders. Does he still have your tools in his house with your name on it all?

        • We don't put our names on our tools haha but also Flanders is no fun!

  • id set up some surveillance cameras pointing at his house, and say its for the same reason, along with some sensor lights.

    i once had a neighbour who had a heavy duty light on the side ofg his house pointed directly into my bedroom, and it was on non stop… i asked a fwe times for them to turn it off.. after a while i got some super glue and black tape and fixed that light myself… they didnt even knock…

    • HAHHAA I like that idea - not sure where to get a cheap surveillance camera with sensor lights, anyone got any deals to enlighten me?

      • ill seriously just get some fake cameras, and point them at his house. also remind him should some one hurt them selves climbing over the fence, he might get sued….

        • I think he'd be happier with fake cameras around probably ask us for the surveillence footage if his place gets "robbed" again

  • +1

    When you complain to the council and he approaches you about it, be sure to wear a long grey-green miltary overcoat and in a heavy accent tell him "I know nuuufffing……nnnnnuuufffinnng!" And address him as Colonel Hogan.

  • Bikies?

  • +1

    TIL what concertina wire is. I just called it razor wire.

    I am almost certain no council would approve the use of this stuff for residential or suburban areas. What's going to be his next project, a friggin' sentry tower & pillboxes?

    Try to exhaust all of your options with your neighbour peacfully, uou have to live next to them and causing trouble with them leads to a lot of unnecessary tension ad anxiety. He is probably concerned about treepassers, I would be angry if people were jumping my fence too, but sure turning your house into a barbed-wire fortress isn't the answer.

    • +2

      A Tesla coil or obelisk of light would be better than a sentry tower.

      • Just fire an Ion cannon at the entire block, that fix 'em. ;)

  • Sorry if I've missed something here, but:

    • Neighbour erected concertina wire on TOP of fence.
    • You asked him to remove it from the shared fence
    • Neighbour complied, and moved it over to his side of the fence.

    Am I the only one to not see any issues here? You asked him to move it off the top of the fence, and he did…

    • +2

      The issue is it's a shared fence, you can't just do what you want with it.

      Hes put extra weight on the fence, hes added steel nails into the fence, that will probably speed up the fence rotting process.

      I think part of this is NIMBY, but yeah, i don't think i'd be too happy either if my neighbour turned our shared fence into a prison wall.

      • Thanks Davo1111 beat me to it - its not just being ON TOP on the fence that bothers us ITS still ON the fence - as Davo1111 said theres steel nails & parts of it all hes done is bent it so it leans on the air on his side of the fence
        also who knows what kind of damage it's done to the fence !

        OUR request was always nothing should be added to the structure of the fence it wasnt just it being ON TOP that bothered us it being on the fence altogether

        It definitely doesn't look good which would affect resale value whilst we're not looking to sell in the short term - I dont think that justifies making my home feel like a prison
        its like that movie they make you watch in high school - a man's home is his castle… except in my case its a woman's home

        UPDATE: he's actually added this fancy weave roof going over to his shed…. it is ridiculous

  • +1

    Buy a rug one day and whilst the neighbour is out, throw said rug over the wire to demonstrate to him how useless his plan is.

    • JayM you are a genius - but this guy isn't work spending money over although now with his new weave barrier the rug is actually a flawless way to scale the distance without any pain

      • +5

        If you see any hoodlums roaming the streets with rugs, you'll know they're up to no good.

        • +10

          or they could be rug addicts?

        • @altomic:

          Are they persian?

    • Just make sure it's not a genuine 2000 year old fukurri rug.

  • +1

    Too many zombie movies.

  • +2

    After reading all these neighbourhood issues on ozb. I'm glad I have nice neighbours!

    • I moved in to my place 3 months ago and now my only neighbours are moving out……didn't realise I was that bad.

  • +2

    Mate it's simple.

    You cannot put barbed wire around a fence as it is dangerous. There are other alternatives to the trespassers. Get a dog, motion sensor lighting, motion sensor video etc… He should call the cops if people are jumping in his yard. Any injuries caused by his illegal structure he WILL be liable.

    What to do.

    Tell the council what has occurred and then tell them that a child cut his hand by touching it. (It was a curious child). They must act when someone (real or Imagined) has been injured. Make sure you email, not call, as the council know that now you have an electronic communication with them and they must act. Who knows what other things that are not council approved they might find..

    Hey that's my 2 bobs worth.

    • James987 did exactly that today - damn you think ahead I didnt say a child got cut but I said my 90 year old grandmother enjoys gardening and this is potentially dangerous

      The council says they will investigate once I've lodged the complaint, lady on the phone from the council was lovely when I called to ask if email or phone complaint was possible - she's pretty much said that adding a structure to the fence is UNAUTHORISED doesn't matter if he thinks it'll stop the thieves whatnot

      Also apparently he does use a surveillance camera - why he thinks its necessary to also have barbed wire blows my mind

      • +1

        Barbed wire, security camera. Sounds like he probably has something worth stealing. 10 bucks says he gets his shit broken into. $15 says they take a route other than over the barbed wire fence.

  • +5

    A couple of quick things that come to mind:

    • How could someone gardening on your side of the fence possibly get injured by barb-wire on the OTHER side of the fence?

    • If he is liable for injury as a result of someone climbing over the fence, not sure how that is anything to do with the OP? The neighbour is the one with the issue here, and unless the OP is in the habit of climbing over the fence, it doesn't affect him at all?

    • The only issue I can see is if the barb wire somehow effects the structural integrity of the fence. You can pretty much do whatever the hell you like to your own side of the fence (nail or paint away to your heart's content) so long as the structural integrity isn't affected making it dangerous. In which case, the neighbour would then be liable for full costs anyway.

    • Just because there has never been a robbery there, so what? Does that mean everyone in the street should remove all their door locks and leave them open at all times? Because there is no history of theft, so there is no justification for key-locked doors? The burglary rates in your neighbourhood has pretty much nil to do with the situation you're in…

    Just playing devil's advocate here. It still sounds like a lot of hullabaloo over very little…

    • All valid points……still, its fugly and I wouldn't want to look at it.

      • CGradeCyclist I get your point

        How could someone gardening on your side of the fence possibly get injured by barb-wire on the OTHER side of the fence?

        • the barb-wire still juts out to our air space - if I was on a ladder and fell who knows where I could land?

        If he is liable for injury as a result of someone climbing over the fence, not sure how that is anything to do with the OP? The neighbour is the one with the issue here, and unless the OP is in the habit of climbing over the fence, it doesn't affect him at all?
        - This wasn't one of my points but a point that other OzBs brought up as a reason the council/insurance co would get him to take it down
        - No I am not in the habit of climbing fences nor is anyone else

        Structural integrity, aesthetics all have to play as per robbyjones, please look at the photo http://i.imgur.com/ZlR64gn.jpg?1

        RE: no robbery - that's not what I meant but my neighbour is invalid to say that we need to accomodate this because he's been robbed and telling me that I have to be PERSONALLY LIABLE if his house gets robbed —> total nutter argument if you ask me

  • +1

    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

    Ah. Home, sweet barb-wire-perimetered, home O_O

    • +1

      I really feel for you, looks like you have a complete nutter for a neighbour. If you have no joy with the council perhaps you could put up some sort of lattice panel to hide the barbed wire - on your side of the fence of course and ensuring you maintain the structural integrity of the fence!

      • thanks for your compassion robbyjones, lattice sounds like a good option does look quite pretty

  • Goodluck with this. In cases like this there is no winners. Grandmother had neighbour heading for hell, could not understand that kicking a ball over a fence into a cubby was really stressful when one was in the colour bond shed. Any how the offered the house for sale, and a nominee bought/signed a contract for asking price. This was to allow his father to live close to family [Mum had passed] Once they saw who was buying they wanted to raise the selling price by 10/20k. Did not happen but every thing was taken from house ie oil from oil heater, tv airial, which was cleanest house I vers seen in a purchase. What this really is saying there are time you will NEVER make peace.

    If you can, the problem will go away. The other comments re sensor lights and security camera that you set up on fence line may meet his demands.

  • +1

    Fairly sure hes growing or 'making' something. Cops might be interested. You could also report him to ASIO. 'seen something suspicious…'?

  • +4

    Change your wireless router SSID to "<his address>_ASIO_Surveilance_Van3".

    • That's what my last housemate did but his was just "AFP Van".

Login or Join to leave a comment