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邻居给律师回信了，律师转给我，点开前，我5次深呼吸还差点被气爆，大家看下吧。
I refer to your letter
Your letter fails to respond to the items in my offer to settle this matter. I have communicated this offer to your client on consistent terms for the last two years. In fact, my husband attended her property on ... to commence work as had been agreed with her but was turned away by your client making new demands on the spot. Details of my offer are most recently in my letter of , in which I will:
1. Remove the old, damaged ten-metre timber fence alongside the bamboo
2. Remove bamboo growth under and alongside that ten-metre length
3. Dig a trench 600mm deep along that ten-metre length
4. Fill the trench with purpose made root barrier and sand.
Afterwards, I will not be responsible for maintaining your client's garden, she will have to be diligent to keep her garden clean and not let growth in her garden get out of control as she has for many years.
Your letter contains requests which have not been made by your client in the last two years. In particular, your letter is the first instance of your client objecting to me accessing her property to carry out my offer to settle this matter. These requests follow from your clienfs last letter dated ... in which she demanded for the first time that concrete and metal be installed in the trench which I have offered to build, that the trench be 800mm or more deep and that I provide an unexplained indemnity to pay for damage to her irrigation system and electrical wires. This escalating series of demands over two years is not consistent with your client acting in good faith.
For the sake of settling this matter, I respond to the new issues raised in your letter:
a. There never was a feature wall in your client's garden, an old, weather beaten board which apparently covered the old, cheap wooden fence on the boundary blew over during strong winds in 2018 or early 2019. After that, your client has been trying to make a case for me to maintain any number of old structures in her garden
b. Your client has never expressed concern over the fronds on my palm trees, this really sounds like sour grapes, the palms have been pruned in the past as your client is aware and will be pruned as required but your client is to undertake not to throw fronds and branches onto my property as she has in the past
c. The barrier will be a Permathene Root Barrier 600mm wide, Australian manufactured from recycled high density polyethylene. Your client can supply her own barrier and metal mesh to install in the trench but these will be at her cost
d. Your client has failed to keep her garden clean with the result that she has bamboo samples which she can identify if she thinks that will help, it is a clumping i.e. a sympodial variety
e. The barrier will be installed in a trench immediately south alongside the current brushwood fence and north alongside the current cheap wooden fence on the boundary, along the length of the bamboo, there has never been doubt on this location, your client can sketch it
f. Your client knows that access to her property is required to install the barrier because from my side the barrier would have to be installed on the other side of the bamboo, which of course is not practical. Your letter is your client's first suggestion that the barrier is to be installed from my side, which undermines the good faith I have exercised over two years to resolve this problem
g. As explained in my letter of ... the bamboo and the brush fence are both sufficient as dividing fences under the Dividing Fences Act 1991 {NSW}. They cannot be removed as your client wishes. Your client has failed to maintain the old wooden fence on the boundary and so it is broken beyond repair. There is no need for it to be there as it is a cheap, shorter wooden fence compared to the quality, tall brushwood fence which I have completely paid for, which is superior in construction, height and appearance to the old wooden fence which for unknown reason your client says she wishes to keep. However, your client has allowed this cheap, old fence to fall into disrepair over so many years and only has raised it as an issue because she thinks he can get me to pay to replace the useless fence.
It may help if you explained to your client that Willoughby Council policy is for residents to look after trees and plants on their property regardless of their origins. Instead of allowing uncontrolled growth in her garden over many years, your client must learn to prune back unwanted growth, not expect her neighbours to forever keep her garden tidy every time a plant spreads onto her property.
Further, my letter of ... points out your client's foolishness in building a cheap wooden fence ten centimetres alongside my superior and taller brushwood fence as per the attached picture. That fence will make it impossible to control grass and plants growing in that ten centimetre gap. As a result, the fence will create a vermin trap. Your client expects to call me every time she thinks the vermin trap will have to be cleaned, at which times she will expect me to put up a replacement fence after I have cleaned her mess. That is not a constructive attitude to settling this matter.
Your letter also fails to indicate whether your client still wants the concrete and the metal mesh to be installed in the trench as demanded in your client's last letter of 23 January 2021. That letter also asked for the trench to be 800mm deep without reason. It also asked for an indemnity, all of which have been rejected by me. Once again, I ask your clienfto accept my offer to settle this matter.
Yours faithfully |
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遛狗的烦恼 (P44，L1295) ~~~~ (2009-11-10) floraz 
楼主:Jasmin365
发表于 2021-2-8 15:16
