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[Bean16]

I own a villa in a complex of two in NSW. A family friend bought the other villa and until recently we managed our property civilly. Years ago I gave verbal permission for the other owner to erect a fence on common property that enabled her to have a larger yard to utilise exclusively. The original lot boundary fence is still in place within the “new” backyard. I have access to the common property area via a key so I can access the meter box. There was never a special resolution passed or a by-law created that states she has exclusive use. It was a verbal agreement. Recently, relations have become acrimonious. I have contacted the Dept of Fair Trade who advised me that she does not legally own the land, that it is still common property but the fence is her property and cannot be touched by me. I am now concerned about entering that area to access my meter box and wish for the common property to be returned to its original state. Obviously I doubt she will not agree to this nor to the destruction of sheds etc that have been erected within the common property. What options do I have available to me? We have never discussed by-laws or put agreements in writing. Due to recent events I will be conducting everything by the book from this point forward. I am just worried about what I have agreed to in the past and whether anything can be done retrospectively. Does she have any rights to keep this fence in place?

Thanks for your help!

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