Asbestos - how to bring a case against neighbour

[heroine]

I have a lawyer look into this for me but thought I'd ask here as well:

• The property next to my IP is tenanted. The asbestos fence dividing the two is crumbeling, I have a building inspection report that confirms it is a potential health risk due to its condition.
• The property manager refuses to give me the owner's name or address and stated the owner does not wish to replace the fence.
• Council gave me his name but not address
• Landgate name search returned only that address. Landgate title only shows the address of the tenanted property
• Electoral roll does not show him being registered

So I filed a case at Magistrate's court giving them the property address and owner's name, property manager and PM's address. It has been dismissed due to "lack of information about the Defendant's whereabouts".

So what do I do now? Surely he can't be "above the law" just by withholding his address.

 

[moyjos]

Send a legal letter to the owner c\-PM with a time limit to respond?
Have you asked the tenant if the address of the landlord is on their lease?
Have you informed the tenant of the danger of a crumbling fence?

Whay did your lawyer say?

 

[The Fence]

PM cant refuse you access to the owner.

Who on earth would do such a thing is beyond me...?

You have a potential dangerous case and in this day and age of "duty" Im surprised at the PM's attitude.

Send a letter to the PM and ask to forward it to the owner.

 

[willair]

I have a lawyer look into this for me but thought I'd ask here as well:

• The property next to my IP is tenanted. The asbestos fence dividing the two is crumbeling, I have a building inspection report that confirms it is a potential health risk due to its condition.
• The property manager refuses to give me the owner's name or address and stated the owner does not wish to replace the fence.
• Council gave me his name but not address
• Landgate name search returned only that address. Landgate title only shows the address of the tenanted property
• Electoral roll does not show him being registered

So I filed a case at Magistrate's court giving them the property address and owner's name, property manager and PM's address. It has been dismissed due to "lack of information about the Defendant's whereabouts".

So what do I do now? Surely he can't be "above the law" just by withholding his address.

You can drive around any street in inner city Brisbane with open eyes and look at the roofs some are still the old super"66",asbestos unpainted bare
blowing in the wind so i'm very sure "if" there was a legal case to fix those roofs the people next door on both sides would be banging on some legal persons front door looking for a payout,the only way I know to fix the problem is go and buy a 20 litre tin of bitumen based roof,costs about $120 plus tax and paint the total area with all the safety gear and paint the area..imho..

 

[Pa1nter]

If you own the property next to the asbestos fence (Dividing) and you also own the asbestos fence, if you open this can of worms,aren't you also liable for his tenant and also your tenant,especially now that you know and made public that it is crumbling asbestos and a known health risk (Your words not mine).

If you are so worried about it,I would pay a painter to put a couple of coats of paint on your side only.

You found a problem and fixed it.
Problem solved.

 

[thatbum]

So I filed a case at Magistrate's court giving them the property address and owner's name, property manager and PM's address. It has been dismissed due to "lack of information about the Defendant's whereabouts".

So what do I do now? Surely he can't be "above the law" just by withholding his address.

Did you apply for substituted service? Seeking personal service on the PM instead of the actual owner?

I'd be surprised if that didn't work.

EDIT: I bet the lawyer comes back with the same answer. File your minor case claim, get the seal copy for service. Immediately file a Form 23 General application seeking substituted service on those terms. The Form 23 will need a Form 1 affidavit outlining what you have tried so far and why you think the PM should be good service.

 

[heroine]

Did you apply for substituted service? Seeking personal service on the PM instead of the actual owner?

I'd be surprised if that didn't work.

EDIT: I bet the lawyer comes back with the same answer. File your minor case claim, get the seal copy for service. Immediately file a Form 23 General application seeking substituted service on those terms. The Form 23 will need a Form 1 affidavit outlining what you have tried so far and why you think the PM should be good service.

Yes that si exactly what I did. It was dismissed.

 

[heroine]

If you own the property next to the asbestos fence (Dividing) and you also own the asbestos fence, if you open this can of worms,aren't you also liable for his tenant and also your tenant,especially now that you know and made public that it is crumbling asbestos and a known health risk (Your words not mine).

If you are so worried about it,I would pay a painter to put a couple of coats of paint on your side only.

You found a problem and fixed it.
Problem solved.

Yes, of course I'm responsible.

As for painting, I can totally picture the little asbestos fibre that dislodges itself from the other side will say "oh no I can't cross that fence". As if paint is going to hold crumbeling cement together.

 

[thatbum]

Yes that si exactly what I did. It was dismissed.

Perhaps your affidavit and application were not specific enough. Its a common problem, especially if not drafted by a lawyer.

Shrug, your lawyer should get back to you - but if not I'm happy to have a look at it if you want - PM me.

 

[The Fence]

FMD...!

Whats with getting the scumbag lawers in...?

Why cant this owner or their PM get real and work with the neighbour to fix an obvious problem and have it solved for all concerned?

Only have to agree and get the job done by the relevant asbestos removalists. Then everyone moves on in safety.

Win Win

I cant believe the levels people want to take stuff...

 

[BMan]

If you own the property next to the asbestos fence (Dividing) and you also own the asbestos fence, if you open this can of worms,aren't you also liable for his tenant and also your tenant,especially now that you know and made public that it is crumbling asbestos and a known health risk (Your words not mine).

If you are so worried about it,I would pay a painter to put a couple of coats of paint on your side only.

You found a problem and fixed it.
Problem solved.

i think hes looking at replacing the fence, then theres no problem but wants to go halves as you are entitled to

 

[heroine]

I absolutely agree this is very disappointing. I offered to pay for one of the otehr neighbours and for them to reimburse me if they sell - win/win. But this guy wouldn't even get in touch.

I wonder if the PM is the bad guy - the more this escalates, the more ad hoc fees the PM can charge. Court dates would be highly profitable.

We are talking a 1,000 claim BUT I can't do anything without the neighburs ok. So this is really about being allowed to proceed more than anything else.

 

[Scott No Mates]

Regardless of the material that the fence is made from, seek an order under the dividing fences act to have it replaced (this will only work if the fence is in poor condition).

 

[wylie]

I absolutely agree this is very disappointing. I offered to pay for one of the otehr neighbours and for them to reimburse me if they sell - win/win. But this guy wouldn't even get in touch.

I wonder if the PM is the bad guy - the more this escalates, the more ad hoc fees the PM can charge. Court dates would be highly profitable.

We are talking a 1,000 claim BUT I can't do anything without the neighburs ok. So this is really about being allowed to proceed more than anything else.

Are you saying the cost for their half for removing the old fence and installing a new one is $1000 (ie. total is $2000 all up).

If so, then get all your paperwork in order so that you can still legally ask for the neighbour's half, and just do it, and push to have half reimbursed. If you don't get it reimbursed, you still have a safe fence and can still claim something on your tax at the appropriate area.

 

[Tim86]

You could set the PM's house on fire... or run him over, steal his car and then shoot the property owner with a sniper rifle from a helicopter. Apart from that I'm not too sure what your options would be.

Hmmmm...I may need to take a break from playing GTA 5.

 

[heroine]

Are you saying the cost for their half for removing the old fence and installing a new one is $1000 (ie. total is $2000 all up).

If so, then get all your paperwork in order so that you can still legally ask for the neighbour's half, and just do it, and push to have half reimbursed. If you don't get it reimbursed, you still have a safe fence and can still claim something on your tax at the appropriate area.

I don't think I'm allowed to do that

I'd need to claim it was an emergency... Over the entire 20 meters. Hmmm...

 

[heroine]

Perhaps your affidavit and application were not specific enough. Its a common problem, especially if not drafted by a lawyer.

Shrug, your lawyer should get back to you - but if not I'm happy to have a look at it if you want - PM me.

Thanks for the offer!

I should hear from the lawyer today. In the meantime I've written another letter to Magistrates court, outlining all the steps I have taken so far, stating i seem to be left without legal recourse for a threat to health and safety and asking them to take up the case...

I'll pm you if I hear anything new.

 

[thatbum]

Thanks for the offer!

I should hear from the lawyer today. In the meantime I've written another letter to Magistrates court, outlining all the steps I have taken so far, stating i seem to be left without legal recourse for a threat to health and safety and asking them to take up the case...

I'll pm you if I hear anything new.

The court won't care I expect, and any reply you get from them (which is probably from a registrar) I would not trust at all. Magistrates Court registry staff are not legally trained and I've had many cases where I have had to fix their legal "advice".

Hopefully your lawyer comes back with a good course of action.

 

[Dazz]

Madness - pure and utter madness.

 

[MRO]

Your legal fees and time will probably cost you more than you will ever recover from the neighbour.

Just pull it down and replace it. Not worth the drama for $1k.