Browse Forums Building A New House Re: Can Neighbour stand in my land when build his new garage 21Dec 12, 2011 9:10 am He can't just have total access to your yard when it suits him and for as long as he likes...he will have to get his act together and put up temporary fencing and agree to a time limit, that's the least he can do and I'm sure council would agree. Have you contacted the council because it should be noted in his approval re temporary fencing and encroaching on neighbours land?
Some people just don't get it!! and sadly your neighbour falls into this category!! Re: Can Neighbour stand in my land when build his new garage 22Dec 12, 2011 9:18 am fiona-10 the neighbour says he will take me to court if i say no Considering it's your land you're talking about, I'd like to see him try. If you say no, and he does it anyway, you could be the one taking him to court, for trespassing. If it were me, how good a neighbour he is would determine my reaction. If he were a good sort, no problem, but if he was a bit of a knob, no chance. And to be honest, he does sound like he's the latter, especially getting all forceful when it's your land, not his. Re: Can Neighbour stand in my land when build his new garage 23Dec 12, 2011 9:24 am Thanks HappyCamper_au! you understand what i am saying! I will not say YES, unless he puts everything in writing, and i also have a fish pond and some lovely plants near the ajoining fence where he require access to. I asked him to to destroy any of these, but guess what he says...he cannot comment on this becuase he did not see it! I have contacted council, and they do absolutely nothing. they advised me to contact legal advise... oh well, it's really lucky for someone to have an understanding neighbour! Re: Can Neighbour stand in my land when build his new garage 24Dec 12, 2011 9:25 am Considering it's your land you're talking about, I'd like to see him try. If you say no, and he does it anyway, you could be the one taking him to court, for trespassing. If it were me, how good a neighbour he is would determine my reaction. If he were a good sort, no problem, but if he was a bit of a knob, no chance. And to be honest, he does sound like he's the latter, especially getting all forceful when it's your land, not his.[/quote] Re: Can Neighbour stand in my land when build his new garage 25Dec 12, 2011 11:00 am Send him a registered letter saying that you are happy for him to use your land for the construction of his wall on the following conditions: 1: Temporary fencing is erected around the area the builder will be working in, sufficient to not allow your pets to escape 2: Any landscaping works of yours which are damaged will be rectified to your satisfaction at his/his builders' expense 3: The wall will be completed, fences/gates/landscaping fixed/re-established to your satisfaction at his/his builder's cost 4: The wall will be finished to your standard (ie if you want flush mortar joins so you can render it, or if you want it bagged so you can paint it etc) 5: Any mortar or building damage to your home and/or property will be rectified at his/his builder's expense Make sure you take a copy of it, and make sure you send it by registered post, so he has to sign for it, and you then have confirmation he has received it. Also, make sure you say that you will not grant permission to access your land until such time that he has agreed in writing to the above terms, or other negotiated terms with you. Re: Can Neighbour stand in my land when build his new garage 26Dec 12, 2011 11:15 am fiona-10 Considering it's your land you're talking about, I'd like to see him try. If you say no, and he does it anyway, you could be the one taking him to court, for trespassing. If it were me, how good a neighbour he is would determine my reaction. If he were a good sort, no problem, but if he was a bit of a knob, no chance. And to be honest, he does sound like he's the latter, especially getting all forceful when it's your land, not his. [/quote] I just went through all this at my business premises last week. The builder building across the lane from where my carpark is used it without my consent to maneuver their cement trucks. I called the builders about 10 times during the course of the day leaving messages for them to stop and only had a return call at the end of the day to apologise for the inconvenience and they agreed it shouldnt have happened. the concreters also went to the back of my building twice connected their hose, ran it across the alleyway to hose the trucks down and the alley down. the council and police wouldnt do anything unless things got abusive. In the end I maneuvered my SUV to block access to the car park only to get abused by the concreters. Re: Can Neighbour stand in my land when build his new garage 27Dec 12, 2011 11:30 am joannapaulp Send him a registered letter saying that you are happy for him to use your land for the construction of his wall on the following conditions: 1: Temporary fencing is erected around the area the builder will be working in, sufficient to not allow your pets to escape 2: Any landscaping works of yours which are damaged will be rectified to your satisfaction at his/his builders' expense 3: The wall will be completed, fences/gates/landscaping fixed/re-established to your satisfaction at his/his builder's cost 4: The wall will be finished to your standard (ie if you want flush mortar joins so you can render it, or if you want it bagged so you can paint it etc) 5: Any mortar or building damage to your home and/or property will be rectified at his/his builder's expense Make sure you take a copy of it, and make sure you send it by registered post, so he has to sign for it, and you then have confirmation he has received it. Also, make sure you say that you will not grant permission to access your land until such time that he has agreed in writing to the above terms, or other negotiated terms with you. No need for a registered letter. Ask the neighbour to sign the agreement. BTW, there is no way your neighbour can take you to court if you do not allow him access to your property. Well, he could take you to court, but his changes of winning, in my opinion, would be zero. Demolition August 2009, Construction Started September 2009, Completed December 2010 Re: Can Neighbour stand in my land when build his new garage 28Dec 12, 2011 11:45 am Thanks everyone. great help indeed. I have peace of mind now...he keeps telling me to take legal action, which is really annoying me. I would try one more time to neogitiate with him... Re: Can Neighbour stand in my land when build his new garage 29Dec 12, 2011 12:18 pm joannapaulp Send him a registered letter saying that you are happy for him to use your land for the construction of his wall on the following conditions: 1: Temporary fencing is erected around the area the builder will be working in, sufficient to not allow your pets to escape 2: Any landscaping works of yours which are damaged will be rectified to your satisfaction at his/his builders' expense 3: The wall will be completed, fences/gates/landscaping fixed/re-established to your satisfaction at his/his builder's cost 4: The wall will be finished to your standard (ie if you want flush mortar joins so you can render it, or if you want it bagged so you can paint it etc) 5: Any mortar or building damage to your home and/or property will be rectified at his/his builder's expense Make sure you take a copy of it, and make sure you send it by registered post, so he has to sign for it, and you then have confirmation he has received it. Also, make sure you say that you will not grant permission to access your land until such time that he has agreed in writing to the above terms, or other negotiated terms with you. Excellent idea! Happy Camper! Deemaree Kyndylan Capers: viewtopic.php?f=36&t=46852 My blog: http://www.sufficientlysufficient.blogspot.com/ Re: Can Neighbour stand in my land when build his new garage 30Dec 12, 2011 12:28 pm I think a registered letter outlining the points by Joanna is a good idea too. You can track it online and know when he's received it. Dee...amazing isn't it? that's just part of it too. Re: Can Neighbour stand in my land when build his new garage 31Dec 12, 2011 1:11 pm Not registered mail,person to person,registered mail can be signed by someone with ID living at the same address,person to person must be signed & delivered to addressee only. Great advise HCamper Its seems to me he is trying to strong arm you into letting him do what he likes It is YOUR land & he needs your permission to enter,thats why his asking in the first place. If he goes ahead & builder or workmen enter you land,ring the police to say someone is tresspassing on your property,stress the point that you are vey concerned & worried about your personal safety Good luck,i understood your concerns Block bought 1st RBC X! 2nd Ventrua,Keeper! Pstart 18/7/11 Ethwks jan 2012 Slab Bricks- finished 7/6 Roof Trusses 15/6-cbond 21/7 viewtopic.php?f=31&t=41185 Re: Can Neighbour stand in my land when build his new garage 32Dec 12, 2011 1:22 pm Isn't this the same as having a fence replaced? Wouldn't you have to make arrangements for your pets if you needed a new fence? I can fully understand your concerns but you seem (from in my opinion) to be determined to not allow the builder in. As mentioned, you might have these neighbors for a long time. At least they asked. They could have just done it and this would be a whole new argument. Re: Can Neighbour stand in my land when build his new garage 33Dec 12, 2011 1:51 pm chrisandkate Isn't this the same as having a fence replaced? Wouldn't you have to make arrangements for your pets if you needed a new fence? I don't think so,if the fence was to be replaced it would be for the benifit off both properties,hence you would organise to house your pets elsewhere. I can fully understand your concerns but you seem (from in my opinion) to be determined to not allow the builder in. Poss because if i understand the tone they have used they are being alittle agressive. Take me to court,cannot confirm time frame,damage,clean-up. I don't think its too much to ask to have it in writting,because off their manner already. I think you could be in for a bumpy ride,if you get them to agree to put it in writting make sure each point includes every poss happening & each point signed As mentioned, you might have these neighbors for a long time. At least they asked. They could have just done it and this would be a whole new argument. They have ruined the nice/good neighbour concept already.Yes it could be a different out-come,but i feel this will end badly no matter what you do,but at least you can protect yourself & land with written conditions:( Block bought 1st RBC X! 2nd Ventrua,Keeper! Pstart 18/7/11 Ethwks jan 2012 Slab Bricks- finished 7/6 Roof Trusses 15/6-cbond 21/7 viewtopic.php?f=31&t=41185 Re: Can Neighbour stand in my land when build his new garage 34Dec 13, 2011 7:53 am kerry-ann spot on! i dont need a fence replacement at all, the existing fence is in excellent condition now, which i put up a few month ago...he contribute NOTHING (anyway, it's another story).. I will try the register letter, to see if he sign it... Re: Can Neighbour stand in my land when build his new garage 35Dec 13, 2011 8:08 am Firstly, he is your neighbour, not a war'ing faction or country across the boarder. The likelyhood that you will spend the next 15 years living next to him should come into consideration. Its a bit of work on the boundary, explain that you have dogs, need to arrange to get that sorted, flat out saying no, does nothing but annoy the neighbor. Secondly, I wouldnt expect him to ask next time, he will put it in the too hard basket. The wall will take less then a few days to complete.. or even more so, have him provide a timeline. Seriously over thinking this problem, glad its not me trying to build the wall. Re: Can Neighbour stand in my land when build his new garage 37Dec 14, 2011 6:10 am How many walls get erected every day on zero lot boundries across the country without any drama's? If your nieghbour has lived there for some time and has given you grief in the past and you saying no is kharma well so be it. Let them find an alternative. But if not, then why not pay it forward. Sure your life may be disrupted for a few days, but at the of the day what is the real harm done here. Your turning what is a simple process that I suspect happens every day in lots of locations across the country into a major fricken drama. Re: Can Neighbour stand in my land when build his new garage 38Dec 14, 2011 8:25 am seriously guys, i don't think give-in is the attitude here. Fiona own her block and her fence, if anyone need to remove it it is that builder that need to come up with a sufficient solution not to affect her daily life. She has EVERY right not to allow access into her block of land, the fact that she had already agreed the builder to access her land is already a give in and show of good faith to her neighbour. bring you to court is baselss, that builder is plain arsehole. Re: Can Neighbour stand in my land when build his new garage 39Dec 14, 2011 8:45 am rojak1 seriously guys, i don't think give-in is the attitude here. Fiona own her block and her fence, if anyone need to remove it it is that builder that need to come up with a sufficient solution not to affect her daily life. She has EVERY right not to allow access into her block of land, the fact that she had already agreed the builder to access her land is already a give in and show of good faith to her neighbour. bring you to court is baselss, that builder is plain arsehole. Serious? Sweet Mother of God. Re: Can Neighbour stand in my land when build his new garage 40Dec 14, 2011 8:55 am [quote="mgilla"]How many walls get erected every day on zero lot boundries across the country without any drama's? quote] this exactly his builder keep telling me, he really make me sounds like a worst neighbour in the world! and he hopes me do not build my own house in future....great..one thing i am sure is that I will not go for the same building company! the next door is complete newcomer, he bought the land and just begin to build a house...in his mind, he thought it's completely normal and Ok to have access to my land in order to get his building done...even i offered 10mm of my land, he is still not satisfied with it!! "Give in is not the attitude here" I am totally agree "Losers" "humanity" "off time" "your" "top notch" "love symbol" Sounds like ponzo is done using other people's toilets 36 23884 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 4527 Sorry! I'm new to this forum and have made a mistake in my posting! I'm looking for a structural solution to a stand alone wooden pickets fence with no structural rail… 1 3290 |