Browse Forums General Discussion 1 Jul 17, 2009 4:14 pm Hi, We have a demolition and reconstruction happening next door to us. We also own the lane at the back of the property. The new townhouses will be built right to the boundaries. The builders next door have blocked off our access at the back of their new build (our laneway), but also look to be encroaching on this area - without prior notification. I have a couple of questions: 1. If the builders are going to use our land to access their build (and tear up the driveway in the meantime) are they required to fill in a form or an agreement to put this right? 2. If they encroach on our land when pouring concrete, what rights do we have then? How should we proceed with this. The lane at the back of the new build is the driveway access to our house, but this is now impassable due to their construction. Any advice, particularly with directions in terms of forms they should have filled in or instructions would be greatly appreciated. Thanks Re: Builders on my land 2Jul 17, 2009 4:28 pm Have you talked to the builders and found out who is in charge of the construction? The other person to talk to is whoever owns the land next door. They may not even realize they are using your land. If you're not satisfied with the outcome of that, then I would talk to both the council and to a lawyer experienced in such things. Metricon Riva 33 - http://herlihy-riva.blogspot.com Site start 15/03/2010 - Handover 23/12/2010 9 months and 8 days (284 calendar days) from site start to handover Re: Builders on my land 3Jul 17, 2009 4:38 pm Hi there, we have talked to the builders, shared the plans and title deeds with them, but they are largely ignoring us - I think the word is 'humouring' - ie saying they will restore access and not doing so. The person who owns the land is no longer answering his phone. We have talked with a solicitor, who is happy to act on our behalf, but we will be living next to the owners in the long term, and would like to think we could negotiate first. I guess we also want to understand our rights also, without hitting them with a solicitors letter. But sadly, it seems this may be the way we might have to go. Thanks for your reply. Re: Builders on my land 4Jul 17, 2009 4:44 pm The builder may not know that you own the lane, as many lanes would be common property. A builder should not be using any property outside their building lot for the construction without the appropriate paperwork. If using council land, they need to apply for the appropriate forms. If building at your boundary, they need to issue what is called a protection work notice (this is what it's called in Victoria - not sure about other states). The notice covers what they will be doing, and how they intend to protect your property. They will need to carry out a delapidation report in addition to this notice to ensure they repair any damage made due to their construction. This form is required prior to the builder receiving a building permit (mind you they can commence demolition and earthworks prior to a building permit being issued). THey are also required to carry insurance to cover possible damage to your property (amount to be agreed). I am not sure of the exact procedure in other states, but this is how it works in Victoria. As they are building on your boundary without the relevant paperwork, you could report them to the relevant building authority. You could also find out who the building surveyor is and query why they have commenced construction without the relevant forms (the building permit should be displayed on site). If they are not helpful in any way, I guess you could also report them for trespassing on your land. Blog is now up - http://www.jbdave.blogspot.com/ Re: Builders on my land 5Jul 18, 2009 5:32 am Tradies will do whatever they want. When the M@tricon was being built next to us, I didn't mind that the tradies were using my block for access until they started getting supplies delivered on it and my clean block was turning into a pile of building waste. I was understanding and called the Site Supervisor who apologised and said they'd keep it clean. The last straw was when they did the slab, they washed out the mixers in the middle of my block leaving a huge cement slurry residue. I left it for a few weeks to see if they would clean it up but they never did. Called the SS again (new one this time) and he flat out said "no it wasn't us." cow manure, I had actually seen them doing it on the day it happened. Ended up saying clean it up and stay off my land or I will complain to the council that they are polluting my block. That did the trick Al & Caitie- Building the Hamilton 278 (Coral) at Narangba Hi All, We have recently purchased a sloping block (3.5m fall building envelope, 6m overall). Just wondering if you know of any good builders that you would recommend for… 0 1774 Look at your bill from the electricity company. It should detail the charges. You will need to do some estimating and some calculations. Then charge the… 8 4248 Site works are just about to start on our build with Blueprint in Midvale. viewtopic.php?f=31&t=106894 2 3952 |