Family feud: Neighbouring parties' argument over a fence captures the attention of authorities
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The long-running feud between two neighbours in Sydney’s southwest has taken a turn for the worse, with the pair now locked in a legal battle over the height of a boundary fence.
The dispute began when builder Maroun Mauad began construction on his new Belfield home in 2021, with his next door neighbours (the Tkachenkos) claiming that their previous boundary wall was the standard height of 1.8m before Mauad knocked it down.
Despite attempts to broker a solution between the two parties, the Tkachenkos say the boundary fence was constructed without their approval. This has led to increased tensions in November between the two neighbours, with the Tkachenkos — who have been living in their home for 20 years after migrating from Ukraine — seeking legal counsel.
The two parties have been feuding over the fence since November. Credit: A Current Affair/Channel 9.
Mariya said: “A boundary fence should be an agreement between the neighbours because we both have to live there and we both have to look at it.”
“It doesn’t matter who’s paying what, as long as there’s an agreement and everything is happy.”
The wall between the properties of Mauad and his neighbours has also been a source of contention for some time.
It was said that the design and placement of the wall have also caused the argument between the two parties to escalate.
The mother-daughter duo claimed that the demolition and other construction on Mr Mauad’s site have also led to cracks in the pavement.
“By that point, it was less about the boundary and more about what we were going to be looking at every day through our bedroom windows,” recalled Mariya.
“We want to be happy with what we were looking at. I know it might sound minor but it’s actually quite depressing looking at a black fence every day.”
The Tkachenkos' account has been criticised by Mr Mauad, who claims it "missed all the facts".
A builder by trade, Mr Mauad says the boundary fence is 2.4m and he received approval from the council, as well as his private certifier and surveyor, to build at that height.
However, Mariya and Tamila Tkachenko claim neither they nor their lawyers have seen a copy of these documents.
Mr Mauad also claims police have given him the green light to continue construction of the boundary wall. He said that at one stage police were called to his house because he refused to back down, but when they arrived they said he had all the necessary documents.
"I've got five kids, I'm busy enough," the builder said, emphasising that the case has been an inconvenience to him.
It was also said that Mr Mauad had built an unguttered rainwater pipe into the side of his home, which would spurt streams of water into the Tkachenkos' home every time it rained.
The Tkachenkos also claimed that Mr Mauad had built an unguttered rainwater pipe into the side of his home, which would spurt streams of water into their home every time it rained. Credit: news.com.au.
The incident prompted Mariya and Tamila to take their story to A Current Affair, which aired a segment about their dispute.
Mariya quipped: “The Council also finally got back to us after Thursday and they said they’re going to have an appointment with this private certifier on Tuesday.”
The mother and daughter said that they are now considering moving after getting stressed out from more than five months of back-and-forth arguments.
“I feel very uncomfortable and I’m a person who doesn’t like to fight,” said Mariya.
“We’ve lived here for over 20 years and we’re friends with a lot of the neighbours.”
Mariya also shared her sentiments on the move, saying that this situation is not something she would wish on anyone.
“We don’t want anyone to go through this. We work from home and this is a nightmare every single day,” she said.
It was said that private certifiers can bypass councils and approve developments without the need for further approval under the current system in NSW, making them responsible for ensuring that the developer complies with the instructions.
Canterbury-Bankstown Council has ordered builders to remove rubbish and debris from the footpath and roadway in Belfield, following complaints from residents.
In a statement from the Council that was supplied to A Current Affair, they said that they attended the property following complaints and completed the necessary measures to ensure the satisfaction of all parties involved.
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