After advice regarding a boundary fence
My parents are in a dispute with their neighbor over a boundary fence the neighbor has built.
Both properties front a river and are very steeply sloped. At some point, a substantial retaining wall was built across both blocks, with a shared built-in stairway up the center.
It's worth mentioning that the wall and stairway are probably over 120 years old and are heritage listed.
The property line goes down the stairway on an angle with about 80% theirs at the top, and 80% my parents at the bottom. I believe there is some sort of right of way easement on the stairway, as it's the only way to access the front of either block.
A while ago, the neighbor built the boundary fence along the property boundary and cut access to the top 80% portion of the stairway. My parents have complained to the council, and after a lot of back and forth, the neighbor has been ordered to remove the fence. This was years ago. Instead of removing the fence he has repeatedly made it bigger by adding boats, random building materials, odd colors of paint.
The boats are probably the biggest concern. They are definitely encroaching over the property boundary, and they are fairly wobbley. The secondary concern is the lack of access to the stairway. There is only the smallest amount of space to squeeze past the boats.
My questions.
I feel I want to remove the fence, or at least the boats attached to the fence, without the neighbors approval. Will I get in trouble for this, considering they were court ordered to remove it years ago?
Is there a way to enforce the original court order to remove the fence? Council seem unwilling to help.
I live in WA, but I'm heading to my parents in NSW for a visit next week. If I demo the fence, will I be kept from returning to WA if the police are involved? Or can I be called to return to NSW if I leave before they get involved?