“Mum and Dad have had to sell all of their belongings in Queensland (including their bed) just to have a chance of keeping their own land which their neighbour negligently built on”.
Mum and dad are going through emotional and financial turmoil after their neighbour decided to, himself, build 3 unapproved and non-compliant structures on their land. He did NOT seek council approval. He was NOT qualified to build the structures. He did NOT obtain a boundary survey. The structures are NOT engineered to the appropriate standard. The Council issued an enforcement notice for the removal of the structures, but the neighbour commenced proceedings in the Supreme Court of Queensland in an attempt to force mum and dad to transfer the land to him.
It’s heart wrenching to watch mum and dad go through this when they’ve done absolutely nothing wrong. Despite the fact that the neighbour is solely to blame for his negligent and illegal construction on my parents’ land, my parents have had to sell all of their belongings in Queensland (including their bed) to pay their solicitor’s fees simply to have a chance of keeping the land that is rightfully theirs.
The case, which has now spanned 18 months, has drained everything from them. They have been self-represent for the past 10 months as they are financially unable to instruct a solicitor.
They originally offered to help the neighbour remove the structures. This offer was rejected and the matter is now proceeding to a trial which is estimated to cost mum and dad another $50,000.
Worse still, if my parents are not legally represented at trial, they also have an increased risk of having to pay the neighbour’s legal fees (estimated at well over $100,000) in the event that they do not have the legal knowledge required to appropriately put their case forward.
Mum and dad are currently living in a bus; using solar power, tank water and a petrol operated generator. Although they would not appreciate me saying, they are financially struggling.
On behalf of my sister and I, we would be so grateful if anyone is willing and able to help our parents obtain the voice and assistance that they need. Watching them not only have their land taken away but also seeing them whacked (through absolutely no fault of their own) with a bill that is impossible for them to pay would be indescribably heartbreaking. After watching the past 18 months out, I think ‘justice’ system needs a new name.