Neighbour has put split system units on my side of boundary (on his wall)

why go down the hardest (VCAT) path first.

If i was in your situation I would google the neighbors address and try and find the tenants details. Is their advertising on the front of the building? Try google street view. Give them a call and ask them to remove/move the ac units.

If that fails then go down the VCAT path.
 
SOP said:
why go down the hardest (VCAT) path first.

If i was in your situation I would google the neighbors address and try and find the tenants details. Is their advertising on the front of the building? Try google street view. Give them a call and ask them to remove/move the ac units.

If that fails then go down the VCAT path.
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I would do this but in writing :)
 
adverse possession

Chucking my 2c worth in here.

I looked into adverse possession laws some years ago as I was having trouble with neighbours who thought they had a cultural right to part of my paddocks, plus another guy who thought as my paddocks were "vacant" he might as well agist his goats there. (Basically it was trespass but so low level police couldn't be bothered).

AP occurs if you allow possession for years. Not weeks or months, but years. Differs by state but I think 10 years +. And 'possession' means not just that they are living on or using the land but actually paying rates etc. ie it's like you as the lawful owner have had NO landowner's input for years. They would have to prove that multiple other entities believed they were the owner because they were the occupier and responsible person. Legal advice was the easiest way of cutting off any AP claims was to write to the people I was having trouble with and offer to rent the paddocks to them. Even for a nominal amount. Once they are tenants, they have no AP claim. So in your situation I wouldn't worry about AP. (I think a registered letter to them now would assist proof of your situation.)

You also could not lease air space to them now because of existing tenant.

Best wishes.
 
Perp said:
Try the letter approach first. :)
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Forget Vcat in the first instance get a letter out with a correct name Tenant/owner as the case may be (or 2 letter s one to each).

Your PM should be able to determine the owner via RPdata.

I would suggest a very strong letter which tries to convey your anger of the intrusion.

Correct names

I am the owner of [address] and it has come to my attention that two split system compressor units have been installed overhanging my property.

Please remove the two units, including the water drainage pipes, from my property within 30 days from the date of this notice.

If these units are not removed by the 10th October 2014, I will instruct a scrap merchant to remove them.

You can contact me by phone or email to confirm date of removal.

Regards,
 
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An update on this. I arranged some quotes for the tenant of the factory to have the units relocated and this was his response:

Hi nomadic,
Sorry for the delayed reply ? we have had lots of calls regarding the aircon so thanks for putting that post up. I think we're just going to take the units down as its going to cost more to relocate them. Would you consider letting us leave them there if we paid you a yearly fee?
Thanks
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What do people think about this?
Should I demand they be removed (and spoil neighbourly relations) or allow him to keep them there? How much do you think is a fair amount to 'lease' the airspace to him?

RtjGKb5.jpg
 
There was advice earlier that they are actually taking up space that the tenant "leases". Even without knowing the legal answer, if they can afford to lease the airspace on an ongoing basis, why can they not afford to pay to move them once.

Can you find out how you stand legally from a lawyer who knows the answers? Is it worth spending any money even getting that advice, when they look ugly and probably make noise?

I'd want them gone because there are too many things that could go wrong.

If I was renting the house, I would not want them hangover above my windows. The noise would be a problem, surely.
 
wylie said:
There was advice earlier that they are actually taking up space that the tenant "leases". Even without knowing the legal answer, if they can afford to lease the airspace on an ongoing basis, why can they not afford to pay to move them once.

Can you find out how you stand legally from a lawyer who knows the answers? Is it worth spending any money even getting that advice, when they look ugly and probably make noise?

I'd want them gone because there are too many things that could go wrong.

If I was renting the house, I would not want them hangover above my windows. The noise would be a problem, surely.
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Thanks I saw that advice and my reply was the property is currently vacant so the new incoming tenant will see these units already mounted on the wall and assume it's part of the deal.

Legally, the units must be removed because they're on my side of the boundary but it's a civil matter so I need to spend time and money at VCAT to get the rubber stamp.

Yes I think I'll do as you suggested and push for them to be removed or relocated on his roof. I see lots of potential future headaches if I lease the space to him. It's amazing he assumed it'd be ok to mount these on the neighbour's property. This silly decision will cost him twice the amount he paid for them to be installed.
 
Suggest you check out council requirements for air cons
ie about amount of noise at council boundary and maybe the need for baffles ...
( It depends on property zoning's etc ....)

ie for Brisbane it is
http://www.brisbane.qld.gov.au/laws...estrictions-complaints/air-conditioning-noise

Generally
https://www.google.com.au/search?q=council+requirments+for+air+conditioners

If you tell the other party you want them gone, I would mention, at that time that ...if they are relocated ... please ensure the new location meets council requirements ....

I would ask for them to be removed , as I see too many potential problems that would be to your detriment ....
 
Just get the guy to move them, don't try and make money out of this or consult lawyers, would cost more than you'll make and perhaps tie up your property and space for years. Keep it simple.
 
Way too much of a hassle to put a licence in place for a $25-30/wk agreement. Then you have to put up with access arrangements, risk of fire, noise etc.

Ideally they should be 3m from the boundary, so push for the relocation or removal.
 
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