Browse Forums General Discussion 1 May 26, 2019 10:22 pm Oakworth Homes with its office at Springfarm is building a house on Lot 4269, Macarthur Heights and during their build they are illegally using my land (private property) Lot 4270. Both the builder and owner did not contact me for the use of my land. Without any permission from me, they used my land to deposit a huge pile of soil, mix the concrete, drive and park their vehicle, put a building fence halfway through my property. They increased slope of my land to level it with their block affecting the original gradient of my land. Upon speaking with the Site manager Steve, he advised that he did it to save the unnecessary cost to their customer as their customer's land was sloped. He initially assured me by email that they would return my land to original state. They removed the the building fence and partially removed the spoil from my land, but deposited and spread out huge soil on my land to bring it to the level of their customer. The builder is now not receiving my calls, not responding to my emails and message. Please be careful to chose such an unethical and unprofessional builder. Oakworth Homes did not care about the neighbour's property. They illegally used and damaged someone's property for their own benefits. They tried to save their own cost but did not think about the negative impact and additional cost to their neighbor. I have reported this to council, but council advised me to resolve this internally or go to local court. Council is not helping much, about which the builder is very much aware as he said to me "Council does nothing". Thatswhy the builder is trying to take the advantage of this. The builder is completely negligent as the site manager thinks this is normal in building industry to use someone's property. In my case, the builder not only illegally used the property, but also damaged my property as the slope of land and contour has been completely affected because of the excess spoil being deposited on my land to make the same level to their customer. Is there any legal process to action against the builder for illegal use and damage of property or I have to go to local court as advised by council? Is there any builders forum where I can report about this builder? My build is delayed and affected because of this builder's negligence and I am mentally stressed. Appreciate if someone could provide some suggestions or go to local court to sue this builder and neighbour. Thank you in advance. Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ Re: Builder Illegally Using and Damaging Property 2May 27, 2019 1:47 pm Id be calling the EPA, workcover and the certifier. you cant dump soil from one site onto another without a validation certificate, you dont know if its contaminated or not, this is why EPA need to get involved Workcover and certifier as lack of fencing etc which is also illegal Simeon McGovern Affordable Custom Homes, We design and build to your budget Ashington Homes www.ashingtonhomes.com.au Re: Builder Illegally Using and Damaging Property 3May 27, 2019 2:59 pm Yeah pretty annoying, you’d wonder what the builder would do if you had already built. No doubt they’d manage so this just arrogance and laziness on their behalf because they can. Re: Builder Illegally Using and Damaging Property 4May 27, 2019 5:12 pm but if it was my site i would hire a bobcat and put all the soil back on his side of the fence. screw them Simeon McGovern Affordable Custom Homes, We design and build to your budget Ashington Homes www.ashingtonhomes.com.au Re: Builder Illegally Using and Damaging Property 5May 27, 2019 5:36 pm Looks to me like a criminal matter as they have damaged your property. I would go to the police and make a statement. This will provide a file date if you need to take action in future. Re: Builder Illegally Using and Damaging Property 6May 28, 2019 8:45 am Norfolk Looks to me like a criminal matter as they have damaged your property. I would go to the police and make a statement. This will provide a file date if you need to take action in future. unfortunately whilst a good idea, I dont believe the police will do anything useful. As per some other posts I made in a different thread here we had a very similar issue last year where our neighbour built a motorcross track on one of our sites at Schofields. We got straight onto the EPA and it was sorted in a couple of weeks. There are big fines for illegal dumping of soil especially where there are no validation certificates. Simeon McGovern Affordable Custom Homes, We design and build to your budget Ashington Homes www.ashingtonhomes.com.au Re: Builder Illegally Using and Damaging Property 7May 28, 2019 1:08 pm SejaeD Norfolk Looks to me like a criminal matter as they have damaged your property. I would go to the police and make a statement. This will provide a file date if you need to take action in future. unfortunately whilst a good idea, I dont believe the police will do anything useful. As per some other posts I made in a different thread here we had a very similar issue last year where our neighbour built a motorcross track on one of our sites at Schofields. We got straight onto the EPA and it was sorted in a couple of weeks. There are big fines for illegal dumping of soil especially where there are no validation certificates. What if he has the certificate to prove that soil is not contaminated? You would need to have EPA cert anyways in order to move soil out. I don't think EPA will fine him for dumping at the neighbor property specifically as he can always say that he is just temporarily holding soil for the back fill there. Re: Builder Illegally Using and Damaging Property 8May 28, 2019 1:10 pm alexp79 SejaeD Norfolk Looks to me like a criminal matter as they have damaged your property. I would go to the police and make a statement. This will provide a file date if you need to take action in future. unfortunately whilst a good idea, I dont believe the police will do anything useful. As per some other posts I made in a different thread here we had a very similar issue last year where our neighbour built a motorcross track on one of our sites at Schofields. We got straight onto the EPA and it was sorted in a couple of weeks. There are big fines for illegal dumping of soil especially where there are no validation certificates. What if he has the certificate to prove that soil is not contaminated? You would need to have EPA cert anyways in order to move soil out. I don't think EPA will fine him for dumping at the neighbor property specifically as he can always say that he is just temporarily holding soil for the back fill there. Alex I wouldnt have advised that if I didnt have direct experience. Mate I am not speculating like you. So sometimes maybe appreciate that others know what they are talking about cheers Simeon McGovern Affordable Custom Homes, We design and build to your budget Ashington Homes www.ashingtonhomes.com.au Re: Builder Illegally Using and Damaging Property 9May 28, 2019 1:20 pm SejaeD [quote defaultattr=""]I don't think EPA will fine him for dumping at the neighbor property specifically as he can always say that he is just temporarily holding soil for the back fill there. Alex I wouldnt have advised that if I didnt have direct experience. Mate I am not speculating like you. So sometimes maybe appreciate that others know what they are talking about cheers[/quote] SejaeD, well, I am basing my speculation on what I am currently reading through in your case and based on my understanding what EPA is actually for (to make sure that no one dumps waste illegally). My understanding that in your case they didn't have certificate to prove that soil was not contaminated (so for EPA it falls under waste and not clean soil) and this is why it was a concern for EPA and this is why they got fined. In your experience did you have anyone fined for temporary storing clean back fill soil on the neighboring side (with the certificate in place)? More specifically, how exactly they will be proving that the soil is coming out from the neighbor site and not from any other site or even from his own site? Re: Builder Illegally Using and Damaging Property 10May 28, 2019 3:02 pm Dharma, Based on your comments this appears to be a fairly straightforward case of trespass to land / nuisance - I'd suggest consulting a lawyer immediately. Your lawyer can assist you to make a claim in the appropriate court, and they could also attempt to get the Builder to rectify the damage if that's something you'd consider. It could be quite difficult for the Builder to defend any action against them so its worth exploring. Alexp79 - waste comes in many forms. You could eat off the soil and its still considered dumping if its not where its supposed to be. The concept of "temporary storing clean back fill" without permission is not a legal defense. You either have permission to use the property or you don't. There are legislative instruments which a developer can rely upon to compel access if they need to use a neighbour's property and cant get permission, but without that, you're trespassing. Thanks Re: Builder Illegally Using and Damaging Property 11Jun 03, 2019 5:38 pm alexp79 SejaeD Quote: I don't think EPA will fine him for dumping at the neighbor property specifically as he can always say that he is just temporarily holding soil for the back fill there. Alex I wouldnt have advised that if I didnt have direct experience. Mate I am not speculating like you. So sometimes maybe appreciate that others know what they are talking about cheers SejaeD, well, I am basing my speculation on what I am currently reading through in your case and based on my understanding what EPA is actually for (to make sure that no one dumps waste illegally). My understanding that in your case they didn't have certificate to prove that soil was not contaminated (so for EPA it falls under waste and not clean soil) and this is why it was a concern for EPA and this is why they got fined. In your experience did you have anyone fined for temporary storing clean back fill soil on the neighboring side (with the certificate in place)? More specifically, how exactly they will be proving that the soil is coming out from the neighbor site and not from any other site or even from his own site? Alex You are simply not allowed to transport soil from one site to another site without having it validated first. This involves having it tested in a laboratory to determine whether or not it is VENM or ENM. This costs thousands of dollars. And then you need a certificate stamped as the truck leaves your property and you need it certified that it has reached the nominated destination to stop illegal dumping. So therefore do you really think that a home builder who is too stingy to properly stockpile the material on their own land would have gone to this expense? The reality is that with a threat of a fine and legal recourse from a lawyer as noted by Marcs is will in most cases scare the offender into remedying their ways which was what happened in my case. I honestly only try to comment where I have direct experience with a particular matter and I try to avoid giving advice on matters i dont know about. have a great day Simeon McGovern Affordable Custom Homes, We design and build to your budget Ashington Homes www.ashingtonhomes.com.au Re: Builder Illegally Using and Damaging Property 12Jun 03, 2019 6:04 pm Well, when my site supervisor had to move some soil from my site away, he has specifically asked for environment certificate and I did it (and yes it costs around $2K, but otherwise the builder could be fined on spot for much more). So yes, I would assume builders should be doing it in a proper way. Re: Builder Illegally Using and Damaging Property 13Jun 16, 2019 10:28 am Thanks Alex. Really appreciate your valuable comment. Despite couple of reminders, the builder initially assured me he will fix my land both verbally and through email, but the way he fixed was spreading out the pile of excess spoil towards my land, making a balanced block their end but increasing the slope of my land. Now, they nearly finished the house. The builder is not replying my emails, my calls. Owner already told me deal with builder directly as they are not responsible. After consulting with police, council, my builder, and few other people, I pushed back all the excess dirts towards their backyard. But now the neighbour is telling thats not their dirts and threatening me that they will throw the soil back. I got all the evidence. Just frustrated and depressed because of some unethical and unprofessional people. Community justice sent them letter for mediatation, but they did not respond. I have filed the complaint to home building advocacy too. I am going through frustation and depression because of this. Re: Builder Illegally Using and Damaging Property 14Jun 16, 2019 10:34 am Marcs Dharma, Based on your comments this appears to be a fairly straightforward case of trespass to land / nuisance - I'd suggest consulting a lawyer immediately. Your lawyer can assist you to make a claim in the appropriate court, and they could also attempt to get the Builder to rectify the damage if that's something you'd consider. It could be quite difficult for the Builder to defend any action against them so its worth exploring. Alexp79 - waste comes in many forms. You could eat off the soil and its still considered dumping if its not where its supposed to be. The concept of "temporary storing clean back fill" without permission is not a legal defense. You either have permission to use the property or you don't. There are legislative instruments which a developer can rely upon to compel access if they need to use a neighbour's property and cant get permission, but without that, you're trespassing. Thanks Thanks Mark. The private lawyer fee is same as the cost of removing the dirts. Trying to get assistance from community justice and Home building advocacy, but not much progress so far. Builder is not responding to letter sent by Community justice. Home building advocacy said they will get solicitor to contact me in next 5 business days, but still not sure if I have to pay the solicitor. Going through stress and depression, cant focus on work. Never harmed anyone in my life and now i am suffering because of being nice to the builder and neighbour. They used the land for their own benefits and now left me to suffer. Re: Builder Illegally Using and Damaging Property 15Jun 16, 2019 10:39 am Norfolk Looks to me like a criminal matter as they have damaged your property. I would go to the police and make a statement. This will provide a file date if you need to take action in future. Thanks, reported to police. Police talked to the builder, he agreed he will fix my land. Police said they cannot force him as this is civil matter. Advised me to get a lawyer which will cost me same amount of money as to remove the soil myself. So frustrating. Re: Builder Illegally Using and Damaging Property 16Jun 16, 2019 12:59 pm One of the benefits of using a lawyer is they will shield you from the stress. You may need this if the builder does not do as he said. Be civil and polite but don’t trust what anyone says. Better to resolve the issue professionally and amicably as you will be living next door. Re: Builder Illegally Using and Damaging Property 17Jun 16, 2019 2:47 pm Norfolk One of the benefits of using a lawyer is they will shield you from the stress. You may need this if the builder does not do as he said. Be civil and polite but don’t trust what anyone says. Better to resolve the issue professionally and amicably as you will be living next door. Thanks mate, appreciate your comment. Re: Builder Illegally Using and Damaging Property 18Jun 16, 2019 3:25 pm Why didn't you follow SejaeD's advice? 3in1 Supadiverta. Rainwater Harvesting Best Practice using syphonic drainage. Cleaner Neater Smarter Cheaper Supa Gutter Pumper. A low cost syphonic eaves gutter overflow solution. Re: Builder Illegally Using and Damaging Property 19Jun 17, 2019 7:47 am SaveH2O Why didn't you follow SejaeD's advice? Yes, I have spoken to home building advocacy and seeing a solicitor as well. Not sure what will be the legal fee to deal with this. At the same time, i have pushed back all excess landfill back to his property with some cost. Re: Builder Illegally Using and Damaging Property 20Jun 17, 2019 9:37 am SejaeD You are simply not allowed to transport soil from one site to another site without having it validated first. This involves having it tested in a laboratory to determine whether or not it is VENM or ENM. This costs thousands of dollars. And then you need a certificate stamped as the truck leaves your property and you need it certified that it has reached the nominated destination to stop illegal dumping. Hi Dharma, I was referring to SajeaD's info posted as above. I thought that it was very good advice and worthwhile following up. Just surprised that you didn't respond to him. 3in1 Supadiverta. Rainwater Harvesting Best Practice using syphonic drainage. Cleaner Neater Smarter Cheaper Supa Gutter Pumper. A low cost syphonic eaves gutter overflow solution. 0 2020 You might be able to apply to divert the sewer at your expense. In NSW you would contact a Water services co-ordinator and they would give you advice as to whether or not… 1 16146 Hi Mofflepop, I would recommend finding a building designer to prepare plans, they should design to your specified budget. The benefit is you can tender the project out… 9 20416 |