Browse Forums Building A New House 1 Jul 19, 2010 2:10 pm Hi Everyone, I am new to the forums so please forgive me if I have put this in the wrong section. I am Building a home with Sterling homes, so far the building process has gone smoothly, a little slow but no major issues with them. My problem started when I had to take part of the fence down so Sterling homes could build my Brick Piers for my Carport. When they were done and I went to put my fence up i found that the fence would not fit between my piers and my neighbours pergola pole and I could not get it back up. Apparently my neighbours are 6 inches into my land, I know it sounds like a tiny amount but in this case the 6 inches means a lot. I don't know what to do. I can't get them to knock down their pergola pole as it is also holding their roof up. I don't want to bolt the fence to my brick because I shouldn't have to, that's not how my house was meant to be built... My neighbours organised to have the fence put where it was put...who's problem is it to pay to have the fence moved... and how should i go about this? Should I even be paying for this? I have no idea what to do I paid sterling homes to do a site survey and they feel they have done everything correctly...My neighbours do not believe sterling homes site survey which is making everything harder. my neighbours are also getting very angry at me but I don't know how to fix this problem without destroying my brick carport by bolting the fence to it Thank you. Re: Fence and Boundary Help. 2Jul 19, 2010 2:27 pm "my neighbours are 6 inches into my land, I know it sounds like a tiny amount but in this case the 6 inches means a lot"...That is your land so I think the onus is on your neighbour to make sure that it does not encroach on your land...I would be very angry and tell him/her that this is your part of the land...I am not sure what are the correct steps here (to make sure that he is not on your land) but I think you might want to approach the council or something like that.... 26/2 - Sales 23/3 - Colours 31/3 - Tender 14/4 - Contract 7/5 - Taps 12/6 - Site start 15/6 - Slab 27/6 - Frame 1/8 - Lockup/Fixing 29/9 - PCI 25/10 - Handover Re: Fence and Boundary Help. 3Jul 19, 2010 2:38 pm Thanks SavantAmeya, I might call the council and see what they have to say. ugh the neighbours are making me feel so guilty about this because i had to have the fence down for my carport Re: Fence and Boundary Help. 4Jul 19, 2010 3:23 pm If you really want to find out who is in the wrong, you will need to get the sites surveyed, perhaps organise with your neighbour as to whoever is wrong pays the total or something? That way you will know who stuffed up (your neighbour, or your builder), if it's your neighbour, they would then be liable to remove their pergola pole and move off your land (or organise to purchase said section of land from you), if it's your builder, maybe you could get some form of compensation from them for siting your house/carport incorrectly (I would then bill them the value of the site survey, and make them come up with a solution to the fence issue - a solution where they pay to fix it) Re: Fence and Boundary Help. 5Jul 19, 2010 3:29 pm joannapaulp If you really want to find out who is in the wrong, you will need to get the sites surveyed, perhaps organise with your neighbour as to whoever is wrong pays the total or something? That way you will know who stuffed up (your neighbour, or your builder), if it's your neighbour, they would then be liable to remove their pergola pole and move off your land (or organise to purchase said section of land from you), if it's your builder, maybe you could get some form of compensation from them for siting your house/carport incorrectly (I would then bill them the value of the site survey, and make them come up with a solution to the fence issue - a solution where they pay to fix it) Hi JoannaPaulp, thanks for your suggestion. I already had a site survey done with Sterling homes. My neighbours want a site survey of their own but 'cannot afford it' I really don't want to pay for another one if it is just going to show me exactly what my other survey shows me My neighbours would never agree to pay for anything, because they are apparently poor. I have a feeling the only place to take this next is to court? which I assume will cost a lot more than just moving a fence Re: Fence and Boundary Help. 6Jul 22, 2010 9:52 am Everyone is going to cry poor when it comes to paying up (especially after forking out money for a pergola). Your proof of previous state is your fence posts. If they built a pergola that is 10m2 or bigger, they would have required a permit. So you have a few avenues. You don’t have to go to court, there are different avenues beforehand. 1st is your council, then a letter of demand, then the courts. Courts in this case would go to the magistrates and is a very simple and straightforward process. Re: Fence and Boundary Help. 7Jul 22, 2010 9:58 am In Victoria there is a Civil and Administrative Tribunal that deals with property issues. It is a far cheaper option than a Court - you might want to check whether there is something similar in Adelaide. First stop should probably be your Council, though. ask the surveyor for clarification would be the logical approach 1 16028 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 12674 just talk to them, tell them it is unsightly and ask them for a solution. Any reasonable person would render it for you or do something similar. If they give you trouble… 4 14052 |