Browse Forums General Discussion 1 Jul 26, 2010 10:40 pm Hi, It's been ages since I have been on this forum but I expect that I will be visiting more often now that our extension plans are well underway. Unfortunately, we are now being held up by our difficult neighbour. We have a bit of a history with him due to an old fencing dispute so the relationship was difficult to start with. We are planning to build a 9m long by 3m high brick wall on the boundary but he has flatly refused to allow us any access to his property to build it. Is it possible to build a brick wall from one side and what are some of the possible problems with this? Does anyone know of any law in Victoria that allows reasonable access for this sort of thing or anywhere I could go for advice. Also, the side of our existing house will need painting once we have renovated. Unfortunately, the house is built just inside the boundary and it also forms the 'fence' between our two properties (ie there is no fence, just our house). We have about 20cm of land that we can walk on on his side but I don't think that will be enough to allow us to get ladders up high to do the painting. I am hoping that someone will have some brilliant ideas around how we can get around this one because short of doing a really quick job when he is out for the day and then pleading that we didn't set foot on his land, I can't think of any way around it? Thanks, Albi Re: Difficult neighbour - advice needed 2Jul 27, 2010 1:49 pm Firstly - don't lie to him. That is the first thing that will get him offside!! To quickly paint one day and then claim you didn't access via his property is wrong. He could charge you with trespassing. You need to ask permission. Do it verbally then put it in writing - requesting he reply via writing as well. That way should you need to go to Mediation you will have the written corresondence to show. Do you have Council permission to build the wall? It seems like a massive wall - in our local area we cannot build something higher then 1m without Council Approval. But to answer your question yes you can build a brick fence from one side which means you do not need to access his property. Some things are worth waiting for. Re: Difficult neighbour - advice needed 3Jul 27, 2010 2:02 pm We have a garage being built on the boundary, and our contract includes a $300 item for "over hand brick laying from the inside of the garage". So I assume it's possible to do it from one side, but more difficult. 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: Difficult neighbour - advice needed 4Jul 27, 2010 2:15 pm I'd speak to your council because I'm sure someone else on the forum had a similar issue to this a while back and there is some type of law about "reasonable access to your own property for maintenance and repair" or something to that effect. Surely to paint your own house would come under this? I also believe that you would be allowed access to build the wall as long as due notice was given to your neighbour and his side was returned to it's previous state, i.e. not rubbish/mortar left around. I cannot for the life of me find the thread that had the links to the appropriate laws, but I'm almost positive that you are allowed access for these purposes. If your neighbour continued to be a PITA, I'd be exploring some really lovely colour choices for that side of the house... you won't have to look at it. I leave you to fend for yourself, figure things out yourself. Terrence Malick Re: Difficult neighbour - advice needed 5Jul 27, 2010 2:40 pm All I can say is good luck! I know what it's like to have a difficult neighbour (in fact we have just put up a screen between them and us and the i have made the back of it look disgusting on purpose to annoy them!). Check online about fencing issues....I'm pretty sure I've read that if you are building a fence you are allowed access for maintenance etc. Re: Difficult neighbour - advice needed 6Jul 27, 2010 5:35 pm Thanks for your responses. Kyton - I wouldn't really access his land without his permission - it is just a fantasy really. We have already been down the permission path with him and he has put it in writing that he won't let us have any access. We have sought permission from council and we are awaiting on their response and all of this came about because he submitted an objection. btherl - thanks for that info - I will now expect an increase in cost from our builders joles - thanks for your advice too. We have been involved with council but we probably need to ask them the exact question regarding access and our legal situation. We are with Maribyrnong Council and they are generally not overly helpful on these things although it is worth a try. We have been having lots of fun imaging what we could paint on the wall - the most popular option is a hot pink background with a giant portrait of our neighbour wearing stilletos and fishnets MBBN - I'll have another look at the fencing info as it may apply to the wall. However, it does not help us with the painting issue. Thanks again and if anyone has any other brilliant ideas, they would be most welcome. Albi Re: Difficult neighbour - advice needed 7Jul 28, 2010 6:46 pm Suggest you try to avoid upsetting neighbours!!!!!! It only makes it worse. Have you tried buying him/her a bottle of scotch or a slab?????????????????????????????? Re: Difficult neighbour - advice needed 8Jul 28, 2010 7:16 pm Quote: albi" Hi, We are planning to build a 9m long by 3m high brick wall on the boundary but he has flatly refused to allow us any access to his property to build it. Is it possible to build a brick wall from one side and what are some of the possible problems with this? Does anyone know of any law in Victoria that allows reasonable access for this sort of thing or anywhere I could go for advice. Yes as suggested it is not hard at all if the bricklayers are good.If the neighbor is against you , you will need to pre organize the brickies to not drop unwanted cement on the other side.Unsightly brick wall on the boundary is sure to calm his fire Quote: Also, the side of our existing house will need painting once we have renovated. Unfortunately, the house is built just inside the boundary and it also forms the 'fence' between our two properties (ie there is no fence, just our house). We have about 20cm of land that we can walk on on his side but I don't think that will be enough to allow us to get ladders up high to do the painting. I am hoping that someone will have some brilliant ideas around how we can get around this one because short of doing a really quick job when he is out for the day and then pleading that we didn't set foot on his land, I can't think of any way around it? This is odd. Not knowing much about council procedure and their ability to make new laws, i would consider that their must be a procedure that allows an adjoining owner to gain partial access for the purpose of Health and Safety requirements. Under this appeal an owner may not have grounds to refuse. Re: Difficult neighbour - advice needed 9Jul 28, 2010 8:04 pm For the painting - can you come down from the roof like a window washer in one of those seat things they use? Re: Difficult neighbour - advice needed 10Jul 28, 2010 9:05 pm Quote: Also, the side of our existing house will need painting once we have renovated. Unfortunately, the house is built just inside the boundary and it also forms the 'fence' between our two properties (ie there is no fence, just our house). Sorry if this is actually a silly question - but if the wall of the house is virtually on the boundary it will be your neighbours seeing it; if you wont see any of it from your side or from the front - could you just leave it unpainted? - they will be looking at unpainted wall, not your problem Re: Difficult neighbour - advice needed 11Jul 28, 2010 10:11 pm Hmmmm Neighbours, I feel for you and wish you luck, 4 years ago now myself & my little family had a neighbour which we were having trouble with & a fence problem. The only advice I would give you is, check your Legals & don't get off side with him or her. We got offside with ours and the sick drunk drugged up %$$#@$$$$ went crazy & got his mates being the big man that he was and terrorised us one night smashing windows and tried to kill us by threatening to burn our house down with us in it ( could you imagine the hesteria of a 14 month old baby creaming in mummy's arms while Dad stayed at the door with a kitchen knife waiting for them to smash the door down Ended up in the County Court and the prick gets a 18 months suspended sentence and a slap on the wrist. We had to flee our dream home, sell it 50 K cheaper & will still can't get into the home market. Please, Please think before you make a person crack ( you just don't know what they get on at night these days ) and the so called justice system hangs only the good honest folk. And you would think the counceling would have helped me Good luck. Re: Difficult neighbour - advice needed 12Jul 29, 2010 2:27 pm Buildme - sounds like an awful situation for you. Thankfully our situation is nowhere near that. We have also decided not to do anything to provoke him as we don't want to start behaving like he does. Helyn, not a silly question. The side of the house is very visible from the street and therefore, painting it when we paint the rest of the house will look much better, otherwise we have one very shabby looking side to the house. Also, our house is 110 years old and probably has not had more than 2 coats of paint in that time so for maintenance of the timber, it is important that we do the painting. Otherwise, I couldn't care less if he has to look at an ugly wall Arkanah - good idea - I will ask one of the painting companies around if it is possible. I am worried about the cost though but if that is the only option, we may have to do it. zion - unfortunateley council are not providing us with any assistance or support on this one dove - no way, sorry Not upsetting him is one thing we are trying to do but there is no way I am buying him anything!! Re: Difficult neighbour - advice needed 13Jul 29, 2010 3:13 pm Quote: zion - unfortunately council are not providing us with any assistance or support on this one This could be your platform to launch your appeal.Health and safety regulations,partial access etc etc.You cant complete the repairs safely without partial access. Here is a situation.You are doing repairs on the boundary line , somehow an accident happens and you are ****** on the other side of the boundary.Your work cover ,insurances etc need to be adjusted and include that there is a risk factor pertaining to the other persons property. By the Law, there must be requirements meet, forms to fill out and possibly insurance money to pay.If its done in order and by the Law , then your neighbor must submit to the Laws and rulings, and you now have access legally. Re submit your investigation using this platform.Dont mention your problem neighbor either. Hi All, I engaged a tradie to install concrete retaining wall 600-800mm high over 32 meters in Victoria. Sleepers are 200*75*2000 mm installed over 17 steel posts. I… 0 6903 Building Standards; Getting It Right! Don't think they are designed for double brick. WA has a particular way of building and unfortunately that's the way a large amount of sills are finished. 3 7005 Versaloc is a mortarless besser block system that still needs a properly engineered footing. If you just do a 400x200 footing it will fail in time. At 17m long you need it… 1 17736 |