Aug 05, 2018 2:08 pm
Hi to all
My next door neighbour (who is also the builder) has built his new property almost at the boundary line. His allowed the usual 150mm offset from the boundary line so that the slab will have the aggie and pipe for drainage. He has installed the gutterbox on the side of the garage wall (rather large one) facing my side. At first I thought it was rather big and wondered why it couldn't be installed on the front face of the garage rather than the side. I have also question if its overhanging into my property but it was hard to confirm since the fence hasn't been installed yet. I have asked him about this and he responded it was to comply with standards.
A month later the fence was installed and thats when I notice the gutter is definitely overhanging into my property. I later measured the offset from the garage to the fence face and the depth of the gutterbox to confirm that its indeed over by 100mm.
I have contacted the neighbour about this and he aggressively denied that the gutterbox is over. Instead he made threats that my carport was over his line (which it isn't) and that he will report this to the council.
This 100mm doesn't sound much but a few weeks ago when we had a lot of rain that made it look like a mini waterfall.
I have contacted the council about this and there reply was:
Planning Compliance Department do not interfere with property line disputes as it requires a full site survey to resolve (i.e. a trained surveying team & surveying equipment to establish the precise location of the property line, and could not be investigated by a lone officer). Additionally, they encouraged you to contact the Dispute Settlement Centre of Victoria, at https://www.disputes.vic.gov.au/ or on 1300 372 888.
The question is, is this the only option available and what happens next? Will the council get them to remove the gutterbox or it's unlikely in which I will have to have it overhanging into my property? I don't really want to talk to the neighbour again as he has been a problem with other issues during the build. The neighbours from across the street and on his right also mention to me he has caused problems to them too. His attitude is he thinks he owns the street.
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