Browse Forums Building A New House 1 Sep 04, 2009 9:14 pm Hi all, It has been a huge amount of time since my last post but I have enjoyed checking in on everyone else's builds and their progress. Unfortunately we have not had any progress on ours. For those of you that don't know (or can't remember) our scenario, I will give you a brief run down... In December 2008, my Fiance and I bought a vacant block of land in the North Eastern Suburbs of Adelaide. It is a narrow sub-divided block in a well established area (most of the homes were built in the 50s or 60s) but there are a few that are being knocked down and the land sub-divided like ours. We thought we were really lucky to buy a block of land for the price that we did in our area, and it is a decent size (437m2). We have taken much joy in designing the house from scratch, selecting a builder, making all of our colour selections (I will have to start another thread soon) and ordering our electrical appliances. After a small delay caused by a "significant tree" on a neighbour's property, we got council approval to build our home. This is our first home as well so we have really poured our heart and soul into every aspect of it and every choice that we have made has been a huge decision! We had our Final Builders Interview almost a month ago and it was at that stage that we were told that building would be unable to commence until we had removed 8 metres of our boundary fence so that our garage wall can be built on the boundary. Keep in mind that we have already received Council approval at this point. We knew that we were going to have issues getting permission from our neighbour about this as over the course of the year, we had a few unpleasant encounters with him. Further more, we have also found out that there is no way that the builders can build our home without accessing our neighbours property (this is only for the section where they are building on the boundary). AS we had learned that our neighbour was not interested in co-operating with us after numerous and generous offers from us, I decided that we should get some legal advice. I was told that the best way to deal with this is to issue our neighbour with a legal notice advising him of our proposal and giving him 30 days to refuse our proposal by way of Cross-Notice. Well today I received a letter from my neighbour and he will still not co-operate. It has gotten to the stage today that I even considerred cutting our losses and selling the block. We stand to lose a huge amount should we sell the block as we have been paying a mortgage on it for the last 9 months. Not to mention the other costs we incurred; stamp duty, Lender's Mortgage Insurance, deposit to the builder and the list goes on. Is there anyone else that is going or has gone through something similar? What happened? I apologise for the long post, but I feel like there may be some people I can relate to on here. Today has been a very disappointing day. Cheers Jon Jon Builing our First Home in Ridgehaven SA https://forum.homeone.com.au/viewtopic.php?f=31&t=23429&p=316543#p316543 Re: Building on the Boundary - Did your Neighbours allow access? 2Sep 04, 2009 9:28 pm Hi Jon So sorry to hear this has happened to you. My heart goes out to you guys. Is there any other way you can design your house so as to not have to build on the boundary? Re: Building on the Boundary - Did your Neighbours allow access? 3Sep 04, 2009 9:36 pm Hi dreamhome, Our block is only 8.95m wide... so we kinda have to have one side of the house on the boundary, and council in all their wisdom want it on that boundary... I wish we could change the design now, it would be worth the time delays. And just a little note, I don't want people to get me wrong here, I understand it is a big ask and an inconvenience to not only have a house built next to you but to have a wall built on the boundary too. What frustrates me is that we have bent over backwards to try and make things as little of an inconvenience to him as possible but he will not even talk to us... a direct quote from the letter I received today, "I am aware that you have received council approval for the proposed works; however, I am unwilling to meet with you as I believe a mutual agreement will be unattainable." And then a little further down, "I begrudgingly accept council's decision to approve your application..." It is just so frustrating! Thanks for your sympathy dreamhome Jon Builing our First Home in Ridgehaven SA https://forum.homeone.com.au/viewtopic.php?f=31&t=23429&p=316543#p316543 Re: Building on the Boundary - Did your Neighbours allow access? 4Sep 04, 2009 9:39 pm Oh and dream home if the little picture you have in your signature is what your house is going to look like it is fantastic! Well done! Jon Builing our First Home in Ridgehaven SA https://forum.homeone.com.au/viewtopic.php?f=31&t=23429&p=316543#p316543 Re: Building on the Boundary - Did your Neighbours allow access? 5Sep 04, 2009 9:59 pm JonG a direct quote from the letter I received today, "I am aware that you have received council approval for the proposed works; however, I am unwilling to meet with you as I believe a mutual agreement will be unattainable." And then a little further down, "I begrudgingly accept council's decision to approve your application..." Am I reading this wrong or do these two things contradict each other? if he 'begrudgingly accepts' council's decision, then doesn't he begrudgingly agree to allow you access? If the council is insisting on you building on the boundary, then they should be able to demand he allows you access - otherwise the block is completely unbuildable! How long would he be inconvienienced by? Caz & Co ALL MOVED IN!! Now comes all the hard work-decorating.... [b]Blog: http://cazoraz.blogspot.com/ Settling in Thread: viewtopic.php?f=31&t=36993 Re: Building on the Boundary - Did your Neighbours allow access? 6Sep 04, 2009 10:04 pm Hi Cazoraz, Thanks for your reply. I know what you mean and I have been trying to get hold of council to find that out myself. At first, my neighbour's objection was to the removal of the boundary fence, which he has now given in to but he is adament that he does not want anyone on his property. When it was a matter of the fence and it's removal, they said that as the fence is jointly owned it falls under the "Fences Act" which is independent to the council's approval. Now that we have the fence issue out of the way, I am with you. In fact, I recall the term "reasonable access" being mentioned in the context that it is the responsibility of the owner of the neighbouring property to allow reasonable access for any construction on a shared boundary... I just need council to confirm it for me! The time frame for construction is 130 business days from the day that the slab is poured. There would only be a few occasions when the builders and contractors will actually have to be on his side of the boundary during that time frame. Jon Builing our First Home in Ridgehaven SA https://forum.homeone.com.au/viewtopic.php?f=31&t=23429&p=316543#p316543 Re: Building on the Boundary - Did your Neighbours allow access? 7Sep 04, 2009 10:09 pm Looking at the SA Fences Act, the cross-notice the neighbour replied with should have had a section where he makes counter-proposals - what did he write there? Check out this site, you might find what you need: http://www.fencingonline.com.au/dispute ... tralia.htm Gotta love the internet Caz & Co ALL MOVED IN!! Now comes all the hard work-decorating.... [b]Blog: http://cazoraz.blogspot.com/ Settling in Thread: viewtopic.php?f=31&t=36993 Re: Building on the Boundary - Did your Neighbours allow access? 8Sep 04, 2009 10:11 pm oooh on that same site under 'access to property' it says: Quote: Access to property Permission to enter adjoining land A land owner's permission should be obtained before going onto their land to carry out construction or repair work. If this is not possible, a letter can be served on the neighbour (giving the date and a reasonable time of the proposed entry onto the land) at least two days before commencing the work. Provided the Fences Act notice procedure has been followed, the proposer has a right to enter the neighbour's land and to proceed with the fencing work [Fences Act 1975 s 18]. Necessary equipment and vehicles can be brought onto the neighbour's land although care should be taken not to cause damage. In the case of an emergency, notice is not required [Fences Act 1975 s 18]. wonder if that covers you bringing through building supplies there? Caz & Co ALL MOVED IN!! Now comes all the hard work-decorating.... [b]Blog: http://cazoraz.blogspot.com/ Settling in Thread: viewtopic.php?f=31&t=36993 Re: Building on the Boundary - Did your Neighbours allow access? 9Sep 04, 2009 10:12 pm Hi Jon, Sorry to hear about the trouble with your neighbour. What are your other neighbours like? Can you flip your house plans over so that you build on the other neighbour's boundary? Our house has just started construction and we are having our garage wall built on our left hand side boundary as our block is 11.2m wide. We gave them the 60 days notice as required, no questions were asked about our build until last weekend. The trenches had been done and part of the fence pulled down. No complaints yet about building on the boundary. Slab should be poured sometime next week if all goes well. Good luck with it all. Jose PCI Done Re: Building on the Boundary - Did your Neighbours allow access? 10Sep 05, 2009 12:04 am Thank you so much Cazoraz!! I have saved that site to my Favourites and plan on studying it this weekend! Good luck with everything on your build Jose! Unfortunately I don't think flipping our plan would be an option for us. Council want us to build the garage on that side (not sure why, might be due to the significant tree in the Nature Strip). Also, I spoke to the builder about this and we would practically have to go through everything all over again, engineer reports would have to get re-done, would have to go back to council for approval and would cost us heaps of $$$$. Hope everything continues going smoothly for you Jose, you will have to post some pics Jon Jon Builing our First Home in Ridgehaven SA https://forum.homeone.com.au/viewtopic.php?f=31&t=23429&p=316543#p316543 Re: Building on the Boundary - Did your Neighbours allow access? 11Sep 05, 2009 12:05 am by the way, sorry for the delay in my reply, we had a power failure! LOL! For the record, I am feeling a whole lot calmer about it all now, amazing what a scotch and coke can do Jon Builing our First Home in Ridgehaven SA https://forum.homeone.com.au/viewtopic.php?f=31&t=23429&p=316543#p316543 Re: Building on the Boundary - Did your Neighbours allow access? 12Sep 05, 2009 8:56 pm Hey Jon Hope you are still feeling better about it. Seems to me from what you quoted in your second post that your neighbours are willing to comply but aren't happy about it and therefore will probably make your life a misery. Good luck with it all. Oh and yes that is finger crossed what my house will end up looking like!! Re: Building on the Boundary - Did your Neighbours allow access? 13Sep 05, 2009 10:37 pm JonG Hi Cazoraz, Thanks for your reply. I know what you mean and I have been trying to get hold of council to find that out myself. At first, my neighbour's objection was to the removal of the boundary fence, which he has now given in to but he is adament that he does not want anyone on his property. When it was a matter of the fence and it's removal, they said that as the fence is jointly owned it falls under the "Fences Act" which is independent to the council's approval. Now that we have the fence issue out of the way, I am with you. In fact, I recall the term "reasonable access" being mentioned in the context that it is the responsibility of the owner of the neighbouring property to allow reasonable access for any construction on a shared boundary... I just need council to confirm it for me! The time frame for construction is 130 business days from the day that the slab is poured. There would only be a few occasions when the builders and contractors will actually have to be on his side of the boundary during that time frame. Hey Jon, My other half commented today that you only own the top six inches of soil on your land. So if oil/gold is found on your property tough luck the council/government can come in and mine for the gold or tap into the oil and you have not say to what happens. Maybe someone should contact the council and drop a hint that there is something of great value in your neighbour's backyard and along the fence line! Back to the serious bit! The other half also mentioned the subject of "reasonable access" He said that he thought that a neighbour could not deny you access in regards to the building of a house etc. Hopefully the council will confirm that for you shortly so that your build can commence ASAP. I will post pics as soon as I get off my b*m and start my thread. Jose PCI Done Re: Building on the Boundary - Did your Neighbours allow access? 14Sep 05, 2009 10:45 pm I had the exact same problem. The old bag next door was a pain. I asked her if my tradies could go on her property and she told me I had to do it the right way. I said what right way, I am talking to you now, she said send me a letter. I thought that was ridicolous, she could of just said yes, but instead my builder sent her a letter saying the bricklayer will be there this date rather than again asking permission. My builder said if they refused you can build the house without going on their property, the brickie lays the bricks from inside. Also if you go to court, which in SA will cost less than $100, you will win, the judge will let your builder have reasonable access, and hopefully make the stupid neighbours pay the court costs. Dont sell the block, it should work out in the end. But the neighbours will complain about everything mine have... two broken shrubs, too much soil has been removed, too many fence panels have come down, they dont like my aircon placement, dont like the colour of my house, dont want me to have a privacy screen....and the list goes on, sometimes you just get lucky with your neighbours. Re: Building on the Boundary - Did your Neighbours allow access? 15Sep 05, 2009 10:49 pm If it was me, after all this trouble with the neighbour I would sell the block and cut my losses. Buy something elsewhere and build your house in a happy neighbourhood. After all, do you really want to build and live next door to this person after what has gone down? A house can be built anywhere, but setting up a home and living in a nice area is what really makes a place feel like a happy home. And it doesn't sound like you will be able to achieve this here, after what you have already described. Good luck with what you decide to do Blog: http://bluemistkids.blogspot.com "Never be afraid to try something new. Remember, amateurs built the ark, and professionals built the Titanic." Re: Building on the Boundary - Did your Neighbours allow access? 16Sep 05, 2009 11:05 pm I am fired up, I found the fences and the law book, as I worked out you were in SA like me. http://www.lsc.sa.gov.au/cb_pages/image ... h%2007.pdf There is a bit in there that says about power of entry. It says if they say no, and you have followed the procedure under the fences act (which you have) or have a court order, you can obtain a legal right to enter their land by giving them 2 days written notice.... Ring legal helpline 1300366424 which is free, and find out how you obtain legal right or get a court order. And show your neighbours where it says if you go to court the court normally orders the loser to pay the winners costs. Ask why they object, It is really only the brickie on their side and that would be a 2 day max. Quote: If it was me, after all this trouble with the neighbour I would sell the block and cut my losses. I would not think about doing that, it would cost over $20,000 with stamp duty, and besides your builder can build your house without going on their property. Tell your neighbour that is has been approved by council, it is going to get build, and ask him if this is what he would like to look at a nice piece of brickwork or sloppy brickwork because the brickie has to brick from the inside...I think this is what sold my neighbours on the idea of having somone on their property. I think you have many options without having to sell. My dad is a similar situation, his fence needs to come down, but his stormwater is attached to the fence so if they rip down the fence, they break his stormwater, he just needs this new person to make sure his stormwater pipes do not get damaged and then he is happy. Re: Building on the Boundary - Did your Neighbours allow access? 17Sep 06, 2009 4:06 pm I guess look at it from your neighbours point of view. You are about to make their life very uncomfortable and may cause damage to their property. They may have experienced this in the past and have had a very bad encounter. A friend of mine had a neighbour decide to do a major reno and extensions and they granted them access (they were a friend) and the contractors tore up their lawn with a bob cat. Now grass won't grow their, only weed. They had traidies parking in their driveway, other damage to their property, all of which has gone without compensation. The friendship is now strained to say the least. I would offer to pay for any damage to their property. Put it in writing. And also offer them generous compensation for the disruption. Just stop and think about your neighbour and what you are about to put him through. Re: Building on the Boundary - Did your Neighbours allow access? 18Sep 06, 2009 5:16 pm I am so sorry to hear that We were lucky enough to have a really great neighbour on the boundary side, and he was more than happy to cooperate. Our builder even destroyed their veggie patch in the process and they never complained. We've appologised though but... we still feel bad about it. Are you able to mirror the house so that you build on the boundaray on the opposite side of the block? That is, if the other neighbour is any better. Good luck Re: Building on the Boundary - Did your Neighbours allow access? 19Sep 06, 2009 5:59 pm I hope you get it sorted out so that your house can go ahead soon, Jon. What a nightmare. I always try to understand the other person's point of view, but sometimes it seems they're just completely selfish. You cannot dictate what your neighbours build on their property - if it's within the planning laws, then you just have to suck it up. If it's a hideous colour or design, or offends your sensibilities in some other way, then plant a hedge! It sounds like you've tried all the right avenues of approach, but your neighbour just doesn't want to play nice. They may not like the fact that they're going to be inconvenienced for a short time by noise or mess, but as long as your tradies are courteous and clean up after themselves, there oughtn't be an issue. It shouldn't be necessary to be a total PITA just because you can. Good luck with it. Karma may get them in the end...let's hope. Re: Building on the Boundary - Did your Neighbours allow access? 20Sep 06, 2009 6:28 pm Quote: A friend of mine had a neighbour decide to do a major reno and extensions and they granted them access (they were a friend) and the contractors tore up their lawn with a bob cat. There is no reason for bob cat to be on the property, they only need acess for the brickie and the scaffold. I would not agree to using my property as a thoroughfare which sounds like what happened to your friend. The only thing to add to these comments is that where possible it's always good to try and work with people than just say "no" because you can. Having someone… 4 13433 For reference, this is the Austlii reference. My take on this is, that they would be breaking the law denying access to a homeowner in Victoria, or their agent from having… 1 4976 You should be able to encase the sewer but you will need it designed and approved and access to lot 580 to do the work 2 12651 |