Byers Road boundary fence dispute rolls on, with property group refusing to budge

A BOUNDARY fence in Midland that has blocked seven families from egressing their properties at the rear is still unresolved, with the Vicus Property Group asking the residents to purchase the land off them.

The fence, constructed by the group, was reportedly put up as part of a dispute with a local food outlet franchisee.

Since it was built, the landowners with houses on Byers Road in Midland can no longer access their houses from the rear.

City of Swan chief executive Mike Foley said the land was under the authority of the Metropolitan Redevelopment Authority and therefore not subject to any requirements to obtain planning approval from the City of Swan.

“Inquiries should be directed to the Metropolitan Redevelopment Authority, which has planning authority over this area,” Mr Foley said.

Byers Road resident and Swan ratepayer Joanne Deliu said she and her neighbours did not have the money to buy the land at the rear of their properties.

She said one set of neighbours Angela and Darren, who were newly married, had awoken last Friday to see a bollard had been installed in the space behind their garage and cement driveway that previously offered access for their car.

“That action is just plain vindictive,” Ms Deliu said.

Ward Cr Daniel Parasiliti said he had spoken to the CEO at Vicus Property Group who said the only people he was prepared to meet with would be the City of Swan or the MRA if they were prepared to purchase the land in question.

Legal firms in Midland said they were prepared to act for the residents in court on the matter in a pro bono style.

One resident’s trailer was locked in the yard and another couple have been unable to get their car out.

Cr Parasiliti said he was trying to help the residents because the lack of rear egress in a fire was a health and safety risk.

Cr Parasiliti said the Dividing Fences Act ruled that under the circumstances it was a civil matter for the residents involved.

Neighbour Juanita Goodrich, who lives next door, said she did not access her back yard much, but “I do have a major plumbing problem at this property and I’ve always got the plumber out and now I feel like I’m in prison”.

“It went up with no contact with the residents, the fencing contractor employed just came and told us that the fence was going up.”

Ms Goodrich said that her neighbour had a trailer blocked into the yard and so the only way that can be retrieved for him to use his own trailer is to pull the fencing panels down because now it’s trapped in there and we can’t get it out.”

Ms Goodrich said she had lived in the street for 18 years.

“Sometimes it can be a bit dodgy and there’s some riff raff occasionally but overall it’s a good place to live,” she said.

Resident Byers Road homeowner Ted Craies said he had filed a complaint with other owners of the properties at 31, 33, 35, 37 Byers road with his Ward Cr Parasiliti.

“From behind the subway shop, the fencing from Red Rooster to the end of 39 Byers Road, block all rear access for these properties, all of these properties have rear access to the shed for car parking and for access to the sewer connections for maintenance and also as a fire escape access if fires occur in the front of the property,” he said.

“We still don’t know if approval was granted to construct the fence by the managing group to build this 2.2m fence at the back of all the properties.”