THERE'S NOTHING PARTICULARLY SPECIAL ABOUT GIL WISE'S FRONT YARD ..
"It doesn't look like they're going to budge. It's just a little man me an ordinary person fighting against a council that I think are wrong," said Gil Wise.
NO GOLD OR OIL DEPOSITS ... BUT SALISBURY COUNCIL IS DETERMINED TO GET IT OFF HIM
"You reckon it's your land, I'm saying it's mine.. it's a stand off… yeah," said Gil.
BUT GIL DOESN'T HAVE DEEP POCKETS
"We bought this place for 375k in good faith that everything was right according to the paperwork, council and the conveyancer and the real estate agent," said Gil.
THE FATHER OF FIVE DID OR THE NORMA;L CHECKS WHEN BOUGHT THE PROPERTY IN ITS ENTIRETY THREE AND A HALF YEARS AGO ...
"Everything was right according to the paperwork, council and the conveyancer and the real estate agent... there were no warning signs whatsoever," said Andrew Harvey.
AND RAINE AND HORNE PRINCIPAL AGENT ANDREW HARVEY SAYS THERE WAS NO SIGN OF PROBLEMS
"We asked Salisbury council to give us all the information about the property which we did receive and everything all looked in order 14 there was no mention of an encroachment? Nope none at all," said Andrew Harvey.
BUT THAT IS.. UNTIL A COUPLE OF MONTHS AGO WHEN ... OUT OF THE BLUE ........
"I got a letter from the council saying there's an encroachment about 150 m2 of the front yard was council property," said Gil Wise.
SALISBURY COUNCIL WASN'T MESSING ABOUT .. THEY JUST SAID THEY OWNED IT.
"If council gets their way I'm gonna lose my 20 year old letterbox .. over half my car port .. and 150 m2 of my front yard and they're going to foot me the bill for it," said Gil Wise.
AND THE REASON?
"They won't tell me. I just feels as though they're trying to get money what would they do with this small strip of land there. I maintained this land, mowed it, watered it, looked after it for 3 and a half years , I said I'll send you a bill for all the work and maintenance that I've done one day a week for x no of hours for the last 3 ½ years and they turned around and said you can't do that," said Gil Wise.
THE PENSIONER NOW HAS BEEN GIVEN THREE OPTIONS:
DO NOTHING AND COP A 5 THOUSAND DOLLAR FINE, RENT THE LAND OFF COUNCIL FOR A MAXIMUM 5 YEARS... OR BUY IT BACK AT A COST OF ABOUT 20 THOUSAND DOLLARS - WHICH INCLUDES EXORBITANT ADMIN AND ADVERTISING FEES.
"When I first looked at the figures I thought gee these are 3 times what a conveyancer would charge or a surveyor would charge in any case so I thought that they were over the top but I thought that that wasn't fair that Gil would have to pay them in any case cos it clearly wasn't his fault or his problem," said Andrew Harvey.
BUT GIL HAD AN ACE UP HIS SLEEVE.. .THE ORIGINAL OWNER'S PLANS TO BUILD THE CARPORT AND OTHER FEATURES ON THE DISPUTED LAND ... WAS APPROVED BY THE COUNCIL IN 1995.
WE TRACKED MARK WARNABY WHO SAYS HE KNEW THERE WAS AN ENCROACHMENT BUT PAID COUNCIL AN ADDITIONAL FEE FOR USE OFTHE LAND
"I had the ok for the construction approval and an ok, a separate ok to go over the council boundary. I made sure that all the certain approvals were all obtained before we built because I didn't want to go through any drama 12," said Mark Warnaby.
AFTER THAT THE LAND CHANGED HANDS THREE TIMES WITHOUT THE COUNCIL RAISING AN OBJECTION
"I'm up against a brick wall here," said Gil Wise.
GIL SAYS HE JUST CAN'T AFFORD THE THOUSANDS OF DOLLARS COUNCIL'S DEMANDING FROM HIM ... BUT HOPEFULLY IT WON'T COME TO THAT ... WE'VE SINCE CONTACTED A LITIGATION PROPERTY LAWYER WHO'S OFFERED TO GO IN TO BAT FOR THE DOWN AND OUT PENSIONER
"Why don't they just realign the boundary and donate the land to me cos they're going to do nothing with it," said Gil Wise.