Browse Forums General Discussion 1 Nov 27, 2019 9:32 am Hi Guys, Just seeking help from someone who already had the similar situation and how the issue was dealt with. Our Right hand side neighbours builder built garage wall past 2cm title boundary to our side. their house is nearly at completion. I have had to conduct land re-establishment survey for survey pegs to be placed in order for our build to be commenced, Survey reports Unveiled the situation that neighbours Garage wall at Zero boundary is built 2cm past the title boundary to our side, we have 1.5 M set back at that side though and our construction started a week ago. I have sent the survey reports with graphical representation to council and knocked back after a month stating that its none of their business and falls under domestic disputes, I have raised it with VBA a month ago but no response yet. what should I do to handle this situation or I will just have to live with it ? Also, now neighbour wants to put a fence and I wouldn't want fence to run from their garage boundary which is already past 2 cm, I would want to run that from the survey peg, Any insights would be great. Re: Neighbour Garage wall. 2Nov 27, 2019 10:47 am Zero boundary wall cannot even be on the boundary line..usually it is built inside (own boundary) by a margin of 100mm to 250mm depending upon if any underground pipes need to be run or if the garage wall has eaves/gutter. You or neighbor wont own the properties forever, thus you should get issues legally resolved now than getting stuck later on. Re: Neighbour Garage wall. 4Nov 27, 2019 11:24 am It's a very small incursion, so I wouldn't waste any effort trying to do anything about it. Some things just aren't worth the stress. I wouldn't agree to let the fence run past it though, it should end either side of the boundary wall. Re: Neighbour Garage wall. 5Nov 27, 2019 1:44 pm Wild Hi Guys, Just seeking help from someone who already had the similar situation and how the issue was dealt with. Our Right hand side neighbours builder built garage wall past 2cm title boundary to our side. their house is nearly at completion. I have had to conduct land re-establishment survey for survey pegs to be placed in order for our build to be commenced, Survey reports Unveiled the situation that neighbours Garage wall at Zero boundary is built 2cm past the title boundary to our side, we have 1.5 M set back at that side though and our construction started a week ago. I have sent the survey reports with graphical representation to council and knocked back after a month stating that its none of their business and falls under domestic disputes, I have raised it with VBA a month ago but no response yet. what should I do to handle this situation or I will just have to live with it ? Also, now neighbour wants to put a fence and I wouldn't want fence to run from their garage boundary which is already past 2 cm, I would want to run that from the survey peg, Any insights would be great. Difficult situation particularly in regards potential future sale. For now; 1. Certainly don't allow the fence to be built further into your property. At most it should be built in two parts ending flush with their garage wall which effectively becomes the fence but your suggestion of running it from the survey peg is definitely the best idea. 2. Ask your neighbour if they'd be willing to pay for the land they have occupied? Work out an area, price it on a per square metre basis based on what you paid for the land. Perhaps make a deal that if they don't want to do that they 100% fund the fence? Re: Neighbour Garage wall. 6Nov 27, 2019 4:47 pm Wild Thanks Sam, I engaged council but they dont deal with these matters, would you know whats the best direction to take this for a resolution ? As the neighbor house is still being built...the builder is responsible for "getting it right". Your neighbor may want to do the right thing....so he needs to be made aware and a chance for finding amicable solution. The neighbor can take it up with his builder and if the situation can be salvaged (at cost to builder)...why not. Re: Neighbour Garage wall. 7Nov 28, 2019 6:32 am The wall, slab, roofing etc should be removed from your land and rebuilt properly. The owner is responsible and I would be communicating with them only. OR they take the 2cm for entire length of property and pay agreed land rate and all associated costs to amend titles for both properties Re: Neighbour Garage wall. 8Dec 04, 2019 4:14 pm VBA knocked back stating none of their business and so as the local council, gave suggestion to seek consultation from lawyer to find out the possibilities, neighbour builder isn't cooperative and neighbor involvement to address the issue isn't on the offer as well. what should I do guys ? Re: Neighbour Garage wall. 9Dec 04, 2019 7:23 pm HI Wild I agree with amileka. Getting lawyers involved is going to cost an arm and a leg - maybe even more than you could hope to get as financial compensation for 2cm of land. Have you checked the boundary on the other side? We lost a few centimetres on one side and gained a few on the other:-D. Just insist the fence is on the right line and try and live with it. There could be much greater disappointments ahead as your build progresses. Pace yourself. Re: Neighbour Garage wall. 10Dec 05, 2019 8:52 am If you want to let it go for now, you should still secure the option of re-visiting this later. Formally write to the neighbor stating the facts and ask for a response and his proposal to move forward on this. You can also formally advise the neighbor to rectify the issue. In this way you will a formal acknowledgement of the matter and thus a baseline to pursue that further in case you need to. All neighbors are nice even those who have encroached on your land. Re: Neighbour Garage wall. 11Dec 05, 2019 10:19 am IamSAM If you want to let it go for now, you should still secure the option of re-visiting this later. Formally write to the neighbor stating the facts and ask for a response and his proposal to move forward on this. You can also formally advise the neighbor to rectify the issue. In this way you will a formal acknowledgement of the matter and thus a baseline to pursue that further in case you need to. All neighbors are nice even those who have encroached on your land. Yes, definitely don't just let the issue slide. After all it isn't you who are in the wrong. Re: Neighbour Garage wall. 12Dec 05, 2019 10:22 am Wild VBA knocked back stating none of their business and so as the local council, gave suggestion to seek consultation from lawyer to find out the possibilities, neighbour builder isn't cooperative and neighbor involvement to address the issue isn't on the offer as well. what should I do guys ? Can you imagine what Council's response would be if your neighbour had built 2cm into council land? As for the VBA, if it's anything like the WA situation, they'd be in the builder's pockets and very unlikely to order anything that would cost one of their mates money. Re: Neighbour Garage wall. 13Dec 05, 2019 11:55 am absolutely true, council VBA, they just dont bother and dont want to hear about it and responded with ironic response stating to consult with lawyer which I cant truly afford due to rent in progress and repayments for build in progress. Its already getting very hard and these kinda issues on the top caused by other people seriously doesnt help. Re: Neighbour Garage wall. 14Dec 08, 2019 6:29 pm start with IaSam suggestion. deal with owner only, Give them time limits, so "please respond in 14 days" for eg after 2 attempts to resolve issue move straight to your states small claims tribunal (VCAT?). this is a civil matter (nothing to do with council or VBA) has the fence been installed? Re: Neighbour Garage wall. 17Dec 08, 2019 8:36 pm Usually 1st consult is free, you might have a leg to stand on and to spend a few hundred on a well drafted legal letter and some legit advice might sort it out. These forums are great for opinion and ideas but for matters such as yours, you need to know the law. Or just accept it and move on. Re: Neighbour Garage wall. 18Dec 08, 2019 10:29 pm The thing is, if the garage wall is 6m long and encroaches by 2cm then you are losing 0.12m2 of land area. Assuming the land is as expensive as $2000/m2 then it's only worth $240. A lawyer's letter alone costs more than that. You may also be asked to provide a resurvey to prove that your first surveyor didn't make a mistake. Again that would cost more than the land is worth. I've been in this situation 3 times in the past, so I've had some exposure to the processes involved. Re: Neighbour Garage wall. 19Dec 08, 2019 10:46 pm Amazing how commonplace this has to be. The OP is probably also encroaching on the other neighbours too. Yeah best to let it be, agreed. Re: Neighbour Garage wall. 20Dec 09, 2019 5:58 am Wild Hi Guys, Just seeking help from someone who already had the similar situation and how the issue was dealt with. Our Right hand side neighbours builder built garage wall past 2cm title boundary to our side. their house is nearly at completion. I have had to conduct land re-establishment survey for survey pegs to be placed in order for our build to be commenced, Survey reports Unveiled the situation that neighbours Garage wall at Zero boundary is built 2cm past the title boundary to our side, we have 1.5 M set back at that side though and our construction started a week ago. I have sent the survey reports with graphical representation to council and knocked back after a month stating that its none of their business and falls under domestic disputes, I have raised it with VBA a month ago but no response yet. what should I do to handle this situation or I will just have to live with it ? Also, now neighbour wants to put a fence and I wouldn't want fence to run from their garage boundary which is already past 2 cm, I would want to run that from the survey peg, Any insights would be great. So with the re-survey and the 1.5m setback, has it prevented you from building the house you wanted to (as in have you had to make your house 2cm narrower to fit it on your block)? Even if the answer is yes, let it go. 2cm not worth a moment of time stressing over. Then again you might be someone with zero tolerance and never want to be seen to be taken advantage of, Even in a matter as small as 2cm. In that case put a heap of energy into this and never give in until that 2cm is rightfully handed over to you and the world can relax over this injustice. Thank you again Simeon.. I will call my certifier for that. Have a good day 4 1328 I like the bobcat idea - not too dear to hire either. Before doing that, maybe advise them you intend having all their stuff moved in the next 48 hours. Any damage or… 10 8550 It sounds like you have a crack in your garage where the wall meets the ceiling, along the shadow line on the… 0 14111 |