Browse Forums General Discussion 1 Jan 12, 2011 10:53 pm Hi all, i did a quick search but didn't find a definitive answer so i thought i'd ask the question. I'm building in a new estate and my neighbour has just completed their build and move in. I recently noticed their garage gutter actually overhangs into my boundary, althought i was a little annoyed, i didn't mention anything. i contacted the my builder as i was under the impression my garage would also be flush with the boundary, however the slab has since be laid and is slightly off the boundary. So the neighbour then asks me to pay half of the boundary fence, to which i happily agreed. Upon completion of the fence i head down to the block to have a look and it seems the fencer's have erected the fence flush with his garage brickwork but when they secured the final panel to his garage, they once again crossed the boundary and bolted the fence on my side so that it's no longer flush with his brick work. so basciall it looks like this (birdseye view) Garage fence-----------------------------------> --------------____-------------------------------------- i would have thought they would have done this. Garage fence-----------------------------------> --------------------------------------------------------- if in my position, would you have a word to the neighbour? the fence just looks odd on my side as it's not flush with his brickwork. Thanks in advance! Re: advice needed: Neighbour's gutter overhangs my boundary. 2Jan 13, 2011 7:43 am The builder should have put the gutter on top of the garage brickwork, so that was a mistake on their part. You could even get your neighbour on your side in that, he probably had no idea the builder was going to do that. As for the fence.. is his garage exactly on the boundary line or did he also build a small distance away? I'm just wondering if the fencers built along the true boundary line instead of along the garage wall. Edit: If he did build slightly back from the boundary, then it's possible even that the guttering is on his side after all. 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: advice needed: Neighbour's gutter overhangs my boundary. 4Jan 13, 2011 1:39 pm The garage wall should be 150mm off the boundary so the guttering can be in line with the boundary. I would speak to the neighbor about it, but are you sure about the location of the boundary? Have you had an establishment survey done to confirm the location? If you have then you can speak ask the neighbor to speak to their builder. Depending on the type of wall construction, you may be out of luck in getting it rectified, the only option may be to sell a portion of land to your neighbor, but that brings up a whole new kettle of fish. Re: advice needed: Neighbour's gutter overhangs my boundary. 5Jan 13, 2011 2:07 pm Another way to do a 0 offset garage is to put the gutter directly above the bricks. That's what my builder has done. Just down the road there are two houses where one's garage gutter is actually above the garage gutter of the house next door! They look like spec homes so I think no-one really cares with those. 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: advice needed: Neighbour's gutter overhangs my boundary. 6Jan 13, 2011 2:18 pm btherl Another way to do a 0 offset garage is to put the gutter directly above the bricks. That's what my builder has done. Just down the road there are two houses where one's garage gutter is actually above the garage gutter of the house next door! They look like spec homes so I think no-one really cares with those. Interesting what would happen if the neighbour with the gutter above doesn't keep their gutter clean and it overflows and surcharges into the gutter below...interesting insurance claim if there was ever a problem... Anyway...enough of my musings...please resume normal programming. mmm....donuts Homer Simpson 1956- Links: Site Costs Ready Reckoner | H1 Addiction Medical Advice | Château TDL: The Backyard Re: advice needed: Neighbour's gutter overhangs my boundary. 7Jan 14, 2011 2:04 am Our garage will be built on the boundary, but to do so we had to change the style of guttering so it's flush with the wall and sits above the brickwork. It was a $500 upgrade, so maybe your neighbour or his builder were trying to save the $$ and keep the land. Perhaps you could ask your local council to come and have a look? Re: advice needed: Neighbour's gutter overhangs my boundary. 8Jan 14, 2011 6:22 am You have an absolute legal right to airspace on your property (buy not as high as the planes go), so if any part of the building is on your land, you have the right to have it removed - even 1mm of garage wall would require removal of the wall (or for them to grind off 1mm) You would need a survey to confirm this. Dont worry about the neighbour, just position it as their builders fault and that builder will need to pay. Re: advice needed: Neighbour's gutter overhangs my boundary. 9Jan 16, 2011 11:12 am It will be a problem especially with the wet weather recently when a big storm hits hard. Have you thought about the council regulations on this? Can anyone recommend a good/affordable retaining wall and fence builder that I can get a quote from located in Sydney? 8 45775 No, I even have sections of narrowness where the tiles won't slide up any further. When I manage some spare time, I might play around with the first DIY part of my… 7 4926 DIY, Home Maintenance & Repair This is a very challenging situation, made much harder by not being on site. Firstly, I think that I originally… 10 8963 |