Elderly man claims neighbour 40 years – but that hasn’t stopped a neighbour from trying to use a piece of his land.
The 91-year-old claims he feels being bullied into agreeing to an easement on his property that he simply doesn’t want.
“They reckon I’d be a soft touch, I think,” Mr Neilsen told A Current Affair
“It’s not just an easement – it’s an attack on a 91-year-old man,” daughter Katherine Neilsen claimed.
Mr Neilsen’s Mount Colah property is more than just land – it’s a home full of family memories.
“My wife and I were playing golf here in 1978, early ’79, February it was … anyway, we were on the last hole and my wife looked up and seen the sign at the front – for sale and she said ‘I want that house,'” Mr Neilsen said.
His late wife loved the garden and Mr Neilsen loved her.
“Wonderful memories. My wife and I were together for 51 years,” Mr Neilsen said.
The family, including daughter Katherine, spent decades tending to the trees which are so special they’re known by the neighbourhood.
“Because we give out avocados whenever we get avocados the little kids down the street call dad ‘Allan Avocado,'” Katherine said.
So when neighbour Pardeep Gill came knocking to ask for an easement through Mr Neilsen’s backyard – he wasn’t interested.
“They came and made an offer of $20,000 for that to happen and they were going to dig a big trench all the way down and that would make an unholy mess of our backyard,” Mr Neilsen said.
The proposed easement would span 1.2 metres from the fence line, but it’s not a clear path.
There are trees that would have to go and there are retaining walls in the way.
The Neilsens claim it would decrease their land value and also put any future subdivision of the property in jeopardy.
“It would reduce the value by at least $200,000 to $300,000,” Mr Neilsen said.
“He’s not losing anything and we’re willing to compensate him,” his neighbour, Mr Gill, said.
“He and his daughter feel like they’re being bullied by you and your family,” I said.
“Not really, not really,” Mr Gill responded. The Gill family owns the two properties behind Mr Neilsen.
“We’ve got next door property, we want to make a subdivision and we need rainwater down there,” Mr Gill said.
“He really doesn’t want this, it’s his pride and joy, I mean will you go ahead with it either way?” I asked.
“Yes of course,” Mr Gill said.
The Neilsens claim the Gills aren’t taking no for an answer.
“They threatened legal action, threatened to take us to court and all the rest of it,” Mr Neilsen said.
“They just want us out,” Katherine said.
Katherine is also Mr Neilsen’s full-time carer and said his health is suffering.
“I don’t know why they are pressuring us so much, to the point where dad’s been sick, he’s had breathing problems, we’ve both had nights of just crying really,” Katherine said.
“Their lawyers the other day sent a 53-page document to us and it’s just overwhelming.”
A letter from the Gill family’s lawyers to the Neilsens said: “Local council has advised our client that it needs to obtain a drainage easement benefiting our client’s property … through your property.”
But in a statement to A Current Affair, Hornsby Shire Council said: “Council did not specify on which property the drainage easement should be located.”
“Council does not involve itself in the negotiation of private easements.”
Prominent town planner Bill Kusznircszuk said the way it’s been handled isn’t right.
“The reason why it’s not right is that when you try and ask your neighbour if you can use their land for a drain supporting your own development, you need to be able to get their consent to do that,’ Mr Kusznircszuk said.
The Nielsens want to stay but they’d rather sell than agree to an easement.
“I would like him to stay here until the inevitable happens and that’s what I promised my mum,” Katherine said.
“Maybe they have to go to court,” Mr Gill said.
“So you’ll take them to court?” I asked.
“Not me,” he replied
“But it’s your solicitor,” I said.
“Whatever my legal team says,” he said.
“It is a shame the world that we have today, is nowhere near the world that I was brought up in,” Mr Neilsen said.
Full statement by Hornsby Shire Council:
Council provided “pre-lodgement advice” to an architect acting for Gill family that an easement to drain water would be recommended to enable any development of the site. However, Council did not specify on which property the drainage easement should be located.
To this date, however, no Development Application has been received by Council relating to either property.
Council does not involve itself in the negotiation of private easements. Inter-allotment drainage easements are a matter between neighbours to negotiate.
There has been no specific correspondence from Council to suggest that the drainage should be provided over Mr Nielsen’s property.
Any development application would be considered on its merits. It is within Council’s statutory powers under the Environmental Planning Assessment Act to issue a deferred commencement consent for development subject to construction of a drainage pipe and registration of an easement over adjoining properties.
The developer would still need to negotiate with the land owner or apply to the Supreme Court for an order imposing an easement.
