Browse Forums Building A New House Re: Is this the legal right of my neighbour? 23Oct 25, 2011 11:57 am If it was me, I'd want the garage that will be on the boundary to have a nice brick finish and the fence to start from the garage and be on the boundary. That is, the entire existing fence is removed (ultimately). I would even pay for half the new fence, but there may be a case for "last time I paid for the fence, this time it's your turn". Cutting your exisiting fence and then putting it back will always look ugly. So, to me, this is not an option. I would then get the builder to state in writing: 1) That they will place temporary fencing to your satisfaction 2) That works cannot proceed until you approve the temporary fencing 3) That the garage brickwork finish is to be as good as on a house 4) That the existing fencing be replaced with new fencing on the boundary [you'll need to work out who pays for how much] 5) That your site will be cleaned and restored to its original condition. May be worthwhile to get Council to ratify it (if that's possible). That way, the Council may without paying the neighbour their bond money until you're satisfied. I'd also try to be friendly with the neighbours and let them know you are looking for something that you are both happy with. No use have a great garage finish and great fence, but grumpy neighbours. Demolition August 2009, Construction Started September 2009, Completed December 2010 Re: Is this the legal right of my neighbour? 24Oct 25, 2011 11:59 am Casa2 If it was me, I'd want the garage that will be on the boundary to have a nice brick finish and the fence to start from the garage and be on the boundary. That is, the entire existing fence is removed (ultimately). I would even pay for half the new fence, but there may be a case for "last time I paid for the fence, this time it's your turn". Cutting your exisiting fence and then putting it back will always look ugly. So, to me, this is not an option. I would then get the builder to state in writing: 1) That they will place temporary fencing to your satisfaction 2) That works cannot proceed until you approve the temporary fencing 3) That the garage brickwork finish is to be as good as on a house 4) That the existing fencing be replaced with new fencing on the boundary [you'll need to work out who pays for how much] 5) That your site will be cleaned and restored to its original condition. May be worthwhile to get Council to ratify it (if that's possible). That way, the Council may without paying the neighbour their bond money until you're satisfied. I'd also try to be friendly with the neighbours and let them know you are looking for something that you are both happy with. No use have a great garage finish and great fence, but grumpy neighbours. Spot on Casa2. Exactly what I was thinking but you made it sound like you know what your talking about.lol Forrester 43sq We have our keys (3/6/11) Now it's time to decorate (that's the fun part.lol) https://forum.homeone.com.au/viewtopic.php?f=31&t=37598 Re: Is this the legal right of my neighbour? 25Oct 25, 2011 2:54 pm Another point, neigbhour reassured me that the fence will be putting back to its original location. But I doubt about it, since the garage is build exactly on the boundary, how the fence man put the fence back on the boundary line? The line is less 10mm, surely cannot have both his garage wall and the fence sitting on the same line? Re: Is this the legal right of my neighbour? 26Oct 25, 2011 3:06 pm I thought the fence is situated inside your land? I don't think any council will approve a plan to build exactly on the boundary line? there should be at least 200mm off the boundary line on each side of the block? Re: Is this the legal right of my neighbour? 27Oct 25, 2011 3:13 pm yeah...it is on my land now, but just try explore the scenery, if I move back the fence to boundary line precisely, how the garage wall and fence located on the same line which is less than 10mm? Re: Is this the legal right of my neighbour? 28Oct 25, 2011 3:28 pm The builder can brick the wall with your fence there, he just prefers not to as it is easier from your side. They should not be able to leave the side of the wall facing your property in an unsightly condition, if they do I would think council should be informed. If you let they take down your fence it will be a major inconvenience for you and a safety concern for your animals. Of course they would ask you to let them do it, it makes their job a lot easier, but this does not mean you should do it. It was their decision to build so close to the boundary, it should be up to them to work around this issue. Good luck Re: Is this the legal right of my neighbour? 29Oct 25, 2011 3:52 pm Carmel The builder can brick the wall with your fence there, he just prefers not to as it is easier from your side. They should not be able to leave the side of the wall facing your property in an unsightly condition, if they do I would think council should be informed. If you let they take down your fence it will be a major inconvenience for you and a safety concern for your animals. Of course they would ask you to let them do it, it makes their job a lot easier, but this does not mean you should do it. It was their decision to build so close to the boundary, it should be up to them to work around this issue. Good luck Re: Is this the legal right of my neighbour? 30Oct 25, 2011 3:58 pm The builder can build the wall but can't finish it with the fence in place. You physically have to tool the mortar joints to finish them. This involves getting a tool in to rake the joint or roll it. It isn't just a matter of plonking in some bricks. Different councils may have different rules but zero lot walls built with a parapet are a very common building method. Having someone build a house next to you is always going to involve some inconvenience, in the big scheme of things it is usually short lived. I just wonder why people sometimes choose to get so bent out of shape about things. I bet your neighbour won't give themselves an ulcer over it. The fact is the wall will get built with or without your permission to use your land to achieve it. The only difference will be the quality of the brick work that is laid. If you don't remove the fence the bricks that are behind it will look crap. As soon as the wall is above the fence then it can be finished. It will be your fence that hides the unfinished brick and you will only see it if you remove it. If you are happy with that situation then certainly stand on your digs. Personally I'd be getting involved in dialogue with the builder to make sure I ended up with the best possible outcome for myself. Obviously your neighbour hasn't always done the right thing by you but as my old nanna used to say "two wrongs don't make a right". I'm not being insensitive to the OP's situation, just trying to be a voice of reason. Accessible Carpentry & Cabinets accessiblecarpentry@gmail.com accessiblecarpentry.com.au https://www.facebook.com/pages/Accessible-Carpentry-Cabinets/583314911709039 Re: Is this the legal right of my neighbour? 32Oct 25, 2011 4:22 pm Always play nice before you play hard. Accessible Carpentry & Cabinets accessiblecarpentry@gmail.com accessiblecarpentry.com.au https://www.facebook.com/pages/Accessible-Carpentry-Cabinets/583314911709039 Re: Is this the legal right of my neighbour? 33Oct 25, 2011 4:40 pm chippy The builder can build the wall but can't finish it with the fence in place. You physically have to tool the mortar joints to finish them. This involves getting a tool in to rake the joint or roll it. It isn't just a matter of plonking in some bricks. Different councils may have different rules but zero lot walls built with a parapet are a very common building method. Having someone build a house next to you is always going to involve some inconvenience, in the big scheme of things it is usually short lived. I just wonder why people sometimes choose to get so bent out of shape about things. I bet your neighbour won't give themselves an ulcer over it. The fact is the wall will get built with or without your permission to use your land to achieve it. The only difference will be the quality of the brick work that is laid. If you don't remove the fence the bricks that are behind it will look crap. As soon as the wall is above the fence then it can be finished. It will be your fence that hides the unfinished brick and you will only see it if you remove it. If you are happy with that situation then certainly stand on your digs. Personally I'd be getting involved in dialogue with the builder to make sure I ended up with the best possible outcome for myself. Obviously your neighbour hasn't always done the right thing by you but as my old nanna used to say "two wrongs don't make a right". I'm not being insensitive to the OP's situation, just trying to be a voice of reason. Great advice, chippy. Re: Is this the legal right of my neighbour? 34Oct 25, 2011 6:21 pm fiona-10 Another point, neigbhour reassured me that the fence will be putting back to its original location. But I doubt about it, since the garage is build exactly on the boundary, how the fence man put the fence back on the boundary line? The line is less 10mm, surely cannot have both his garage wall and the fence sitting on the same line? The option I was thinking about is to build the garage on the boundary. Then the (new) fence starts either side of the garage. So looking at your boundary you would see fence then garage then fence (garage then fence if the garage is right in the corner). If this was not the arrangement then I would insist on the garage being 100 mm inside their boundary or whatever it takes to have a full length fence on the boundary. If both cases the fence is on the boundary. Demolition August 2009, Construction Started September 2009, Completed December 2010 Re: Is this the legal right of my neighbour? 35Oct 25, 2011 7:24 pm i would have thought that with having a boundary wall they would have to have sought your permission while it was being approved at council? that being said ive always been a true believer of 'kill them with kindness' no matter how rude/arrogant/selfish some may seem, if you dont bite back and just smile it can never come back and bite you on the bum! How people treat you is their karma; how you react is yours what i would do in this situation is agree with the wall, ask builder for temporary fencing if it is necessary, and ask them that once your fencing is removed for them to have access to build the wall you would like the fence rebuilt with your materials either side of the new brick wall right on the boundary line at their cost, and any other costs incurred for restoration to your property to be covered by them, maybe you can take it to council before you give a letter to your neighbour to make them aware of your requests (these would not be unreasonable by any means) and when and if the neighbour rejects to signing it let them know you had already sought the councils opinion and they agree... my 2 cents Building our own custom design with Redink Pre-start - 28/06/2011 Building license approval - sept 2011 Footings - 8/10/2011 my thread - viewtopic.php?f=31&t=48921 Re: Is this the legal right of my neighbour? 36Oct 25, 2011 8:40 pm Agreed. Also, I think it is not being nasty saying no to the request. A polite 'I understand that it is inconvenient but I have chosen not to have my fence taken down' should be ok. If the neighbour gets nasty that is their choice. As I understand it the objection is to the difficulties caused by the fence being down, not as a pay back to the neighbour for not paying anything towards the fence when it was built. And as to the wall looking awful, I thought that the brickies would rake/roll the mortar as they went and clean down the bricks as well. That's why bricking from the inside is a pain - the extra work. Re: Is this the legal right of my neighbour? 37Oct 25, 2011 9:12 pm Carmel, the fence is in the way. You don't seem to get it. They can't clean and finish the brick work because it will be hard against the fence. Remove the portion of fence, have the brick wall built then use the nice new brick wall as the fence for that section. It will look much nicer than having a brick wall popping up from behind an existing fence. It is done all the time and most people prefer the brick wall as a dividing fence. Yes it will be inconvenientfor a week while they brick and reinstate the fence but in the big scheme of things, it really isn't the end of the world. Accessible Carpentry & Cabinets accessiblecarpentry@gmail.com accessiblecarpentry.com.au https://www.facebook.com/pages/Accessible-Carpentry-Cabinets/583314911709039 Re: Is this the legal right of my neighbour? 38Oct 25, 2011 9:49 pm fiona-10 what if they take me to court? they have council approval afer all.... when council approval was granted, was it granted with the knowledge that the neighbour didnt own half the fence? out of curiosity, why did you build the fence on your side? i'd be a bit hesitant about paying half for a fence that isnt on my property. Re: Is this the legal right of my neighbour? 39Oct 26, 2011 7:44 am Casa2 fiona-10 Another point, neigbhour reassured me that the fence will be putting back to its original location. But I doubt about it, since the garage is build exactly on the boundary, how the fence man put the fence back on the boundary line? The line is less 10mm, surely cannot have both his garage wall and the fence sitting on the same line? The option I was thinking about is to build the garage on the boundary. Then the (new) fence starts either side of the garage. So looking at your boundary you would see fence then garage then fence (garage then fence if the garage is right in the corner). If this was not the arrangement then I would insist on the garage being 100 mm inside their boundary or whatever it takes to have a full length fence on the boundary. If both cases the fence is on the boundary. I would not want fence, his garage wall and then fence again, that will be totally destroyed backyard view. But just wondering they cannot have both wall and fence located on the boundary line, right? It should be like you said at least garage being 100 mm inside their boundary Re: Is this the legal right of my neighbour? 40Oct 26, 2011 7:56 am Given you don't like the fence then garage then fence look, I would go to the Coucnil and ask whether the garage can be pushed at least 100 mm into the neighbours property. Actually, find out what the Council has approved as it may already require a setback. In summary, my next step woudl be a visit to the council to discuss what setback has been approved and whether it can be setback at least 100 mm. Demolition August 2009, Construction Started September 2009, Completed December 2010 I'm putting a new floor in my kitchen, slate flagging on a standard concrete slab. I have allowed for a bed thickness of up to 20mm to accommodate the different… 0 17539 They using concrete or timber sleepers? Timber or steel uprights? 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