Browse Forums Building A New House Re: Can Neighbour stand in my land when build his new garage 81Dec 17, 2011 9:07 pm I'm planning to build a garage on the boundary that has been approved by council and the builder has said this would require removal of some of the existing fence on the boundary. I have yet to talk to the neighbour about this but reading through this thread I'm dreading having to deal with a neighbour who plays hardball and refuses access and who will make the build difficult, more expensive and delayed. I totally understand the Fiona's concern and the need to have an agreement in place however I would be hesitant to be signing up as I cannot be held liable for any delay or fault caused by the builder. What is the best way to approach this? Should I discuss with the neighbours first and then get them to negotiate with the builder direct for any agreement required? Re: Can Neighbour stand in my land when build his new garage 82Dec 17, 2011 9:47 pm I'd put plan in place to how you are going to address any of your neighbours concerns. Do they have children or animals that you need to ensure are kept safe. Are you about to trash there garden beds etc. Also make sure your asking them not telling them you want access or you'll 'see them in court' if they don't play ball Re: Can Neighbour stand in my land when build his new garage 84Dec 17, 2011 10:18 pm dvestate I'd put plan in place to how you are going to address any of your neighbours concerns. Do they have children or animals that you need to ensure are kept safe. Are you about to trash there garden beds etc. Also make sure your asking them not telling them you want access or you'll 'see them in court' if they don't play ball Of course I would be asking rather than telling them. I'm all for good neighbourly relations and value this as many people here have already pointed out. The key question here is if there is any damage that was unforeseen or should have been avoidable to the neighbour's property is this the responsibility of the builder to compensate/rectify or the owner? Re: Can Neighbour stand in my land when build his new garage 85Dec 18, 2011 11:27 am Builders responsibility, as the owner you sign your site over to the builder when you sign the contract. Anything that happens during that period is there problem. Re: Can Neighbour stand in my land when build his new garage 86Dec 19, 2011 9:32 pm As above but I would also make sure that your builder is prepared for that fact so they don't try to dodge it later and then make you either fix it or be hated by the neighbours Can Neighbour stand in my land when build his new garage? 87Dec 20, 2011 1:53 am Gotta love how in the regs it states horse and carriage, time to update it don't u think? As for the rest of this thread, what a load of cocky crap! Love thy Neighbour, u never know, if u don't scratch his back he won't scratch yours, he could see a burglar go to ur property one day and not do anything about it, or he could call the cops and have them arrested!! What goes around comes around! Think of the pretty wall ornaments/candles/fairy lights etc u can nail to that wall to make your property that bit more serene, or put a water feature against it that runs to your fish pond? I'd be happy with his proposal, as if he is like how you say he is a garage wall that completely blocks the view of him compared to a fence that doesn't block him at all is a much better option! I am currently building and the timeframe for the upset to our Neighbour (our garage 300 off the boundary) was all of about 2 weeks max while the bricks went up, and about 1/2 a day when the gutters/fascias/roof went on, there would be no reason for anything to be damaged as they can put down temp boards to walk on and with a temp fence prob solved, if your worried how long the temp fence would be there don't, they don't come cheap and I doubt the builder would leave it there for any longer than is necessary!! 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: Can Neighbour stand in my land when build his new garage 88Dec 20, 2011 8:35 am I still think Fiona should get some form of recorded promise of how long the temp fence will be up and who will be held responsible for any possible damage to her established garden. Re: Can Neighbour stand in my land when build his new garage 89Dec 20, 2011 8:49 am ....and I'm sure any legal advisor would recommend the same!! If not, it's too open-ended and there is 'no' completion date and 'no' repair to her garden, not to mention protection for her pets during the construction period. With all due respect to some replies, fence hire might be expensive but a lot of builders own the fence or have it on permanent hire which is a lot less than you and I would pay, and they just don't care how long it's on a job. Saves them having to store it somewhere else. Also a lot (and I'm not saying 'all') builders have a don't care attitude in respect to their customers and/or their neighbours and believe me they can create problems if they want. It's good to think you are a good neighbour and considerate towards yours 'but' not everyone thinks the same and this turkey hasn't indicated any good neighbour characteristics! Fiona...do you have any updates? Re: Can Neighbour stand in my land when build his new garage 90Dec 20, 2011 10:44 am Thanks everyone for the reply, I have been away for a few days and there are heaps to read! Well, its 3 days to Xams now, I told the neighbour we will discuss it after new year, I really want a nice holiday to relax… I know the importance to having good relationship with next door, as I said before, I am not trying to be difficult here or anything. All I want is put everything in writing; I understand some builders cannot guarantee the building time, but at least to put the maxi time in the terms, as my friend got really bad experiences to having an “open backyard” when neighbour build new house, they have NOTHING in writing, it’s end up takes more than 4 months to have the job finished. As I contacted legal advisor, they reckon the cash bond is good idea, so I don’t need to take them in court when something is damaged. Thanks again everyone, hope you all have a good Xmas Re: Can Neighbour stand in my land when build his new garage 91Dec 20, 2011 11:24 am Nothing wrong with that Fiona and with your friend having similar problems it's been a good learning experience for you. Hope it works out successfully and your neighbour decides he's got an understanding neighbour....want to come and live next door to me? LOL Hope you have a Happy Christmas and New Year!! Re: Can Neighbour stand in my land when build his new garage 92Feb 29, 2012 7:33 pm fiona-10 Thanks everyone for the reply, I have been away for a few days and there are heaps to read! Well, its 3 days to Xams now, I told the neighbour we will discuss it after new year, I really want a nice holiday to relax… I know the importance to having good relationship with next door, as I said before, I am not trying to be difficult here or anything. All I want is put everything in writing; I understand some builders cannot guarantee the building time, but at least to put the maxi time in the terms, as my friend got really bad experiences to having an “open backyard” when neighbour build new house, they have NOTHING in writing, it’s end up takes more than 4 months to have the job finished. As I contacted legal advisor, they reckon the cash bond is good idea, so I don’t need to take them in court when something is damaged. Thanks again everyone, hope you all have a good Xmas Hi Fiona how did you go with the fence? A bank is a place that will lend you money only if you can prove that you don't need it... "Losers" "humanity" "off time" "your" "top notch" "love symbol" Sounds like ponzo is done using other people's toilets 36 24077 Unless there were unforeseeable issues with the site, I dont think you should have to pay for contractors errors or poor planning. I'd probably try and be reasonable and… 5 4608 Sorry! 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