Silly question but i have to ask.....ur thoughts pls

[Mamaof3]

Hey SS'ers,

I know this may seem like a really stupid question but i'm going to ask anyway because its after 5pm and i can't ring anyone to ask.

We own a block of land and had a tree removed a number of months ago. 2mths after the tree was removed the neighbour wrote to our Agent (because its on the market) claiming the tree removalists damaged the fence between our 2 properties. Its a good neighbourhood fence and it looks like there's just a small dent on one of the panels' capping (see pic attached - RHS fence with small dent on capping)

He's written to Us again and claims to have spoken to the Real Estate Institute of SA saying that he will execute a caveat on the property

So my question is, can someone put a caveat on a property for such a pathetic reason as this? I spoke to someone in Legal and they told Me that the Onus was up to this Neighbour of OUrs to prove that the tree Guys were in fact the ones that damaged the fence because no one was actually present to witness the damage (vacant block of land so we are rarely there).

Ur thoughts please???

 

[Ed Barton]

Hey SS'ers,

I know this may seem like a really stupid question but i'm going to ask anyway because its after 5pm and i can't ring anyone to ask.

We own a block of land and had a tree removed a number of months ago. 2mths after the tree was removed the neighbour wrote to our Agent (because its on the market) claiming the tree removalists damaged the fence between our 2 properties. Its a good neighbourhood fence and it looks like there's just a small dent on one of the panels' capping (see pic attached - RHS fence with small dent on capping)

He's written to Us again and claims to have spoken to the Real Estate Institute of SA saying that he will execute a caveat on the property

So my question is, can someone put a caveat on a property for such a pathetic reason as this? I spoke to someone in Legal and they told Me that the Onus was up to this Neighbour of OUrs to prove that the tree Guys were in fact the ones that damaged the fence because no one was actually present to witness the damage (vacant block of land so we are rarely there).

Ur thoughts please???

provide the tree removalist details to him and suggest he contacts them. or ask him to get three quotes for repairs and offer to pass them onto the removalist. don't admit liability. all in writing.

 

[Mamaof3]

legal services said if it were indeed the tree removalists' fault i would need to fix it and then seek compensation/reimbursement from the tree company given i own the block and i contracted them to do the job....so from a legal point of view i don't think that'd work unfortunately...

 

[D.T.]

legal services said if it were indeed the tree removalists' fault i would need to fix it and then seek compensation/reimbursement from the tree company given i own the block and i contracted them to do the job....so from a legal point of view i don't think that'd work unfortunately...

I'll probably still do as Ed suggests; chances are the Neighbour is unaware of how that works. And even if he does, all he can do is write back saying so which buys you more time in which your block will probably sell.

He probably sees you as super rich because you're trading a block of land so wants a cut.

 

[wylie]

If that teeny, tiny dent is a big issue for him..... then he obviously needs more things to worry about.

Sheesh!!!! some people

I have no legal advice, sorry, but this neighbour needs something more serious to really worry about.

 

[Ed Barton]

I'll probably still do as Ed suggests; chances are the Neighbour is unaware of how that works. And even if he does, all he can do is write back saying so which buys you more time in which your block will probably sell.

He probably sees you as super rich because you're trading a block of land so wants a cut.

that was part of my strategy. since you're selling, delay so they have to sue you. they probably won't do it for such a small amount.

or you could counter sue for their cat taking a dump in your garden.

 

[Sheryn]

My thoughts


Did you or your agent write a letter back to him 2 months ago? did you check with tree removal company (a good portion of tradies are honest).

If tree removal company says No they didn't do it.

I personally would response with facts below......


Dear Mr XXXXX

In reply to your letter dated .....

Thank you for bringing the dent in the side boundary fence to my attention the agent did inform me to your previous phone call.

I have contacted the tree removal company and they have no knowledge of damage occurring to dividing fence when tree was removed on our land and I have no knowledge of how dent occurred either.

Since dent is on my side of boundary fence, I am prepared to say it is 'wear and tear' and as such am not prepared to replace colourbond panel as damage is minor. If you would like to replace the panel at your expense I am happy for you to do so.

I note you have said that you have spoken to the Real Estate Institute of SA about the dent on my side of the fence, in response to this statement - I have not asked for you to advocate on behalf re the dent.

Enclosed is a copy of the Dividing Fences Act (find it online and send to them) for you to read. If you have any further queries I am willing to meet under community mediation as I did not like your statement that you would take out a caveat on my block of land, I interpreted that as a written threat.


Regards
Owner of block next door.

SPLUTTER SPLUTTER

 

[csc2]

My thoughts


Did you or your agent write a letter back to him 2 months ago? did you check with tree removal company (a good portion of tradies are honest).

If tree removal company says No they didn't do it.

I personally would response with facts below......


Dear Mr XXXXX

In reply to your letter dated .....

Thank you for bringing the dent in the side boundary fence to my attention the agent did inform me to your previous phone call.

I have contacted the tree removal company and they have no knowledge of damage occurring to dividing fence when tree was removed on our land and I have no knowledge of how dent occurred either.

Since dent is on my side of boundary fence, I am prepared to say it is 'wear and tear' and as such am not prepared to replace colourbond panel as damage is minor. If you would like to replace the panel at your expense I am happy for you to do so.

I note you have said that you have spoken to the Real Estate Institute of SA about the dent on my side of the fence, in response to this statement - I have not asked for you to advocate on behalf re the dent.

Enclosed is a copy of the Dividing Fences Act (find it online and send to them) for you to read. If you have any further queries I am willing to meet under community mediation as I did not like your statement that you would take out a caveat on my block of land, I interpreted that as a written threat.


Regards
Owner of block next door.

SPLUTTER SPLUTTER

smart ar$ed replies usually wont solve this type of issue...the poster wants to solve the issue not inflame it............

id love living next to you sheryn and you bunged that letter onto me...

KISS principal works best with small issues...

 

[Mamaof3]

thanks for the replies guys/girls

normally we would just fix it but i'm sick of just fixing things without questioning it too much and be the one to always give in.

every development site there seems to be a problem and we do normally just fix it just to shut everyone up but its starting to bother Me how i let everyone walk all over Me just because i'm 'nice'.

So does anyone know if anyone can just chuck a caveat like this based on such a minor matter??

 

[Ausprop]

not a lawyer so dunno...

the cost of lodging it would be more than the panel of fencing

I can't see a direct interest in your proeprty here. You could counter claim damages for somehign or allege that he caused the damage and therefore caveat his property

what a nob. there are far too many people like this gettign around unfortunately!

anyway i thought costs of damaged fences had to be worn equally regardless of the party at fault/ check it - jsut something i vaguely recall reading

 

[.toe]

I can fix that for you right now in Photoshop

 

[skater]

I think you will find that this is nothing more than scare tactics because, as Ausprop said, the costs of him trying to put a caveat on your property would be larger than any potential gain he might have. Your neighbour is just trying to see if he can get something out of you. Since you are selling, then he doesn't care if he p1$$es you off, cause he won't ever have to deal with you again.

Stand your ground.

 

[Mazda]

legal services said if it were indeed the tree removalists' fault i would need to fix it and then seek compensation/reimbursement from the tree company given i own the block and i contracted them to do the job....so from a legal point of view i don't think that'd work unfortunately...

I suspect that the onus is now on the neighbour to prove that the removalists had indeed made the dent.

Would you consider calling up the tree removalist company to let them know of this letter, and ask for their interpretation of events.

After which perhaps you could respond to the letter expressing concern at the dent, however it has been 2 months and the tree removalists have no recollection of doing such a thing.

Please could the neighbour provide details such as date, time, how the dent was made, who made the dent and what neighbour was doing when the dent was made. And why he / she waited 2 months to report this. So to help investigate matters.

Just my 2 cents' worth Hope it helps

 

[Mamaof3]

Thats a great idea thanks for that.

I will at least try and get a response from the Tree guys...

From what i've been told, he was apparently overseas hence the 2mth delay...

 

[Mazda]

In the day of email, sms and relatively fast normal mail, I am surprised he took 2 months to inform you of the dent. Seeing as he considers it serious enough to want a caveat on your property.

Would be interesting to see if he was overseas when the removalists were around... if he was, then how is he so certain about who made the dent? If he was not, then why wait 2 months to report this very serious matter?

...

I do like Skater's suggestion to keep all correspondences to this neighbour in writing, and not admit any liability at all. Because 2 months is a long time, and anything else could have happened to this fence.

 

[Mamaof3]

i was just thinking that...it'd be fairly hard for him to prove it was the tree removalists that caused the dent given he nor I were present when it allegedly happened....

 

[Mazda]

Magpies are pretty strong birds. They could have made the dent when going after a particularly juicy bug...

 

[INVSTOR]

i was just thinking that...it'd be fairly hard for him to prove it was the tree removalists that caused the dent given he nor I were present when it allegedly happened....

I had some damage done to my fence that borders council property. There was a huge dent and black paint left on the panels that looked like it was the same height as the council ride on mowers. I went to the council and they made me put it in writing with meausrements and description of damage. A while later they responded that their ride-on's are red and the description of damage didn't match the damage done. (They failed to admit there was black metal rollcage structures on the top of the ride-on's) Yes, very hard to prove damage if you haven't personally witnessed it.

 

[lizzie]

i agree with the other in regards to telling him to go jump ... but to fix?

remove capping, find piece of timber similar size to inside of capping, place timber inside capping, hit capping with hammer until dent removed, replace capping.

colourbond fences are marvellously easy to fix small dents.

 

[Mamaof3]

well managed to contact a 'caveat officer' from Lands Title Office who said there's no way they'd let a caveat based on a damaged fence through. She said he has no 'financial interest' in the block of land and caveat applications are assessed to some extent and for a reason such as this it would not be successful. So that sorted the caveat question out.

Then i spoke to the Real Estate Institute whom the neighbour claimed told him that the Real Estate Agent had a legal obligation to ensure i fix the fence given they represent Me......well that also turned out to be a load of nonsense!

So wrote a letter in response to him detailing everything i had been told and he has sent a text saying we're in for a very expensive lesson for Us because he's now passed the matter onto his lawyer......my guess is that it will turn out to be an expensive lesson for Him not Us