Re: Fencing/ Boundary issue2
Nov 26, 2021 12:49 pm
sounds like you have been reasonable and I would've loved to have you as neighbour with regards to how you dealt with the fencing situation.
Sorry I don't really have any further input, I think you have done everything right. It's not reasonable they're asking you to measure from edge of their slab instead of an accurate survey.
Re: Fencing/ Boundary issue3
Nov 26, 2021 8:06 pm
tough situation , I would not sign it , give them a fencing notice as per the rules and document it all. Just pay for the fence and chase them later, legally if needed. Unfortunately people like this are not worth wasting time on, you guys have offered the olive branch and they trimmed it off since it was hanging over the boundary. Hopefully the other neighbours are better!
Re: Fencing/ Boundary issue4
Nov 26, 2021 8:58 pm
Just looking for some advice regarding a boundary issue.
My partner and I are building our first home in a recently subdivided part of Western Sydney, we settled in June and are nearing completion. We already have an existing fence at the back of the property and have sought to get fencing down the sides, one neighbour is completely fine with this, they are at frame stage. The other neighbour hasn't started building yet and are disputing the boundary despite being provided with our survey and slab set out and shown the pegs. They claim their builder will not provide them with a copy of their survey and as such, we have not seen theirs.
When we first met everything was fine, they said don't worry about the cost we will pay. Then when provided with a quote they asked to get competing quotes, which we agreed to of course, 3 weeks later we haven't seen a single quote. The wife has accused then us and their neighbours behind of having their boundaries wrong, she has said that our house is in the wrong spot. We have a 17m frontage and they have 10m, we really don't need to steal 50mm of their land. They are also concerned that their builder will damage the fence if it goes in now, which is fair enough but they have 1.5m side access that branches out to 3m. We will likely be in our home for 12 months before they even get close to moving in given the rising cost and limited stock of materials and the La Nina event. We are on a relatively busy street and need a fence for privacy and security as I work from home.
They eventually agreed to putting the fence up next week, however they want us to sign a document stating that if the boundary is found to be incorrect, we will pay for the cost of moving the fence. They are proposing to measure the boundary line by measuring off their slab to the fence, their slab isn't even down yet and probably won't be laid until next year due to the delays caused by the rain. Their builder will not be doing a site peg out and therefore we cannot be confident that the slab will be placed in the correct position. We will not be signing any documents.
This has been such a stressful experience and so unnecessary given we have provided them with our surveys, they haven't indicated that they won't pay for the fence but I feel as though they will decline to pay when we decline to sign their document. We are going to construct the fence on our side of the boundary regardless, not because we think the boundary is incorrect but because we don't want anything used against us in future. We will undertake a final survey before occupation and I am planning to email it to them, and direct them to issue us with a Boundary Notice if they still have an issue with the boundary, and will notify them at the time that if the boundary is found to be consistent with our two surveys that we will seek to recover cost of employing a third surveyor from them. Though I don't want to be antagonistic, I feel as though our neighbourly relationship has already been completely soured by this experience.
We have been nothing but accomodating and reasonable during this exchange, my partner even put a piece of our unused site fence across the front of their property to prevent people dumping rubbish there and using that as an access point for the property behind, and allowed them to put the existing rubbish in our skip bin. We just feel like we have been talking to a brick wall and could easily resolve this issue if their builders just pegged out their site, being accused of stealing their land and acting untruthfully without any evidence is so disappointing.
Has anyone gone through anything similar? Any advice?
You've been more than accommodating and patient. Time for them to behave in a similar manner.
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