Beautiful creek wrecked

**Saitch** · 21st May 2020, 07:56 PM

Originally Posted by JDNSW

My original plan, dated May 1915 states "Original plan indicate bank is the portion boundary". Of course, this begs the question "which part of the bank?" From the plan it looks like the edge of the normal watercourse - the creek has never had more than a foot or two of water in it even in the wettest years and after the catchment was burnt off.

JD, you may find that, if there are changes in the watercourse, whether by erosion or silting up etc., the 1915 boundary on your plan may not be accepted as the current boundary. It can be an interesting exercise for a surveyor in determining whether the boundary should be the highest bank, an intermediate bank or a lower bank. I'm sure if you google 'Riparian Boundaries in NSW' or similar, there will be an explanation, albeit a little convoluted perhaps.

DiscoMick · 21st May 2020, 08:04 PM

Have you checked the online map sites for NSW? I just looked up our property map on the Queensland equivalent.

**TheEntertainer** · 21st May 2020, 08:21 PM

Hi, google maps show the same as whats on the topo maps. As such the boundaries are on the outer side of the creek. The neighbours seem like good people and I’ll keep it clean and respectful. Will go and clean the mess up on the long weekend with a big smile and a few beers for them.....

**Arapiles** · 21st May 2020, 08:44 PM

Originally Posted by trout1105

Does that apply to UNWANTED visitors??
And it isn't a Man trap because the only injury would be to the tyres NOT the occupants.

It applies to any member of the public who comes onto your land, invited or otherwise.

True story apparently - a man moved to our district and decided to build a terradome house (i.e., a dome covered in soil). Ecological etc. Some young people I know were out mucking about on a Saturday night and decided to drive up and over the house. Whilst they were driving over the house their car fell into a hole that the terradome owner had dug to find a leak in his roof. The kids had to front court. One of their dads got a good barrister down from Melbourne and the upshot was that the home owner got in trouble because he'd left a gaping hole where a member of the public could fall into it and hadn't taken any steps to fence it or erect warnings. I presume that there were no fences around the property at all, as I doubt that the kids would've gone through a gate.

Mantrap - if I hit a stake like that in a car at speed I think that it'd do damage to the car and the people in the car.

**Xtreme** · 21st May 2020, 09:29 PM

Although I'm appalled at the damage and agree that the perpetrator/s need to be spoken to and (if possible) encouraged to assist in rectifying the damage.
However, it doesn't appear to be a creek as I can't see any evidence of a defined channel. More likely it is simply a grassed watercourse in a paddock.
I would like to see some photos upstream/above and downstream/below the damaged area to clarify my thoughts.

**trout1105** · 21st May 2020, 09:29 PM

Originally Posted by Arapiles

It applies to any member of the public who comes onto your land, invited or otherwise.

True story apparently - a man moved to our district and decided to build a terradome house (i.e., a dome covered in soil). Ecological etc. Some young people I know were out mucking about on a Saturday night and decided to drive up and over the house. Whilst they were driving over the house their car fell into a hole that the terradome owner had dug to find a leak in his roof. The kids had to front court. One of their dads got a good barrister down from Melbourne and the upshot was that the home owner got in trouble because he'd left a gaping hole where a member of the public could fall into it and hadn't taken any steps to fence it or erect warnings. I presume that there were no fences around the property at all, as I doubt that the kids would've gone through a gate.

Mantrap - if I hit a stake like that in a car at speed I think that it'd do damage to the car and the people in the car.

That example just goes to show that the law can be an ASS at times and that people with money can get away with pretty much anything.

**Gav 110** · 21st May 2020, 09:44 PM

Originally Posted by Arapiles

Problem is that it's called setting a man-trap and it doesn't matter if it's on your own land, you're still responsible for the safety of visitors to the land.

I see it as warning to others that there are seeds waiting to emerge to produce trees/shrubs/grasses etc
Keep off

If it ain’t your land
What the **** are you doing there
If you ain’t sure
**** off and find out

**Arapiles** · 21st May 2020, 10:28 PM

Originally Posted by trout1105

That example just goes to show that the law can be an ASS at times and that people with money can get away with pretty much anything.

I don't think that they had a lot of money, just a barrister who knew the actual law.

It's not that unreasonable actually - if you came up to my front door to knock and ask directions, and I'd dug a huge trench that you couldn't see and you fell into and seriously injured yourself, do you think that the fact that you weren't invited should make a difference?

**trout1105** · 21st May 2020, 10:38 PM

Originally Posted by Arapiles

I don't think that they had a lot of money, just a barrister who knew the actual law.

It's not that unreasonable actually - if you came up to my front door to knock and ask directions, and I'd dug a huge trench that you couldn't see and you fell into and seriously injured yourself, do you think that the fact that you weren't invited should make a difference?

Now you are just being silly

**JDNSW** · 22nd May 2020, 05:49 AM

Not really relevant to this thread directly, but is related. Along my creek boundary there is an old gateway*, which has had an ineffective wire gate (aka Bogan gate or Queensland gate) that has been unused for years. Because the creek crossing on the public road is becoming difficult with rain again, my next door neighbour, whose access is a right of way through my place is repairing the approach to the creek on my side at the old crossing to use it.

Because there have been a few recent incidents of unknown visitors coming in this way (suspected illegal hunters) I have spent the last few days putting in a proper gate (involves a new gatepost and rebuilding a section of fence). It is easier to put a padlock on a proper gate! I have already given the neighbour a key to the lock that is going on it.

*This gateway is on a road that predated the 1915 subdivision, but the section that is in my place was transferred to this block some time before I bought it. While working on the fence I uncovered the remains of a wooden stock grid just along from the gateway.

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