Browse Forums Building A New House Re: Building works next door encroaching onto our land 41May 13, 2013 8:22 pm I would have been furious having to go through everything you have had to deal with ! Hopefully things will be resolved at the meeting with changes being done ASAP !! Cec1974 viewtopic.php?f=31&t=62412 Re: Building works next door encroaching onto our land 42May 13, 2013 8:30 pm Finally someone uses their brains! Hopefully by Friday after your meeting everything will be sorted out, I can't imagine how frustrating this has been for you guys. Our RedInk Build Thread - viewtopic.php?f=31&t=64118&p=1004131#p1004131 ** Timeline Page 1 Moved In - 19.12.13 Re: Building works next door encroaching onto our land 43May 13, 2013 8:43 pm Hi,new to this forum but have been reading your posts,how frustrating for you!!!Hope this gets cleared up asap....We are just starting out with our new build,I have already learned alot..... Re: Building works next door encroaching onto our land 44May 13, 2013 10:28 pm Gee the SS changed his attitude, wonder what made him see the light? Sounds like he eventually visited the site and saw what a mess his contractors caused. But finally you seem to be getting some progress in fixing the problem. Fingers crossed it gets fixed quickly We built the Wisdom Majestic 40 - moved in! Our blog - http://ourwisdommajestic40.blogspot.com.au/ Our H1 thread - viewtopic.php?t=54156 Re: Building works next door encroaching onto our land 45May 14, 2013 12:28 am Hmmm talk is cheap..... Let me see the action before I heap praise on someone who was initially so flippant and dismissive. Keep us all posts and hope the rightful conclusion is reached. Ciao Mark Re: Building works next door encroaching onto our land 46May 17, 2013 11:17 am Apologies for the overlong post, but a lot happened at our meeting this morning. My father and I arrived at site early, and what we saw was a bad start. We should have taken it as an omen. The Eden Brae contractor working on the frame next door was using the power from our meter box. An extension cord was strung across to their site, and his power tools were sitting below our meter box, plugged in, charging. We asked the contractors why they had done this, and they said they had no power, and they hadn't been supplied a generator by the builder, so "this is how it's done". Soon after this discussion, the neighbour arrived. He was quite polite, but didn't really understand what was going on, so we just waited for the Eden Brae site supervisor to arrive. When the site supervisor arrived, we pointed out the extension lead running from our meter box to his site. He just smiled smugly and shrugged. Not a good start. Discussions kicked of nicely enough, we walked around the site and pointed out the cut onto our land and fill that was well over the property boundary. However, after taking it all in, he just shrugged and said that it was normal. He said that when establishing a retaining wall, it was necessary to cut further back into the neighbouring property, and that any other option was impractical. I disputed this, and pointed to the properties along the back fence-line, with established fences. He just said "That's different, because it's not so narrow there. You obviously don't understand building". I asked him what he was going to do to fix the problem. He insisted, "It's none of my business, I'm not a landscaper. Take it up with the owner". I pointed out that he should be arranging the repair works, and shouldn't just shrug them off, since it was his contractors that created the problem. I raised my concern that I didn't want to be hassling the owners to hurry up and fix things when they hadn't created the problem. He said I was "being unreasonable", and reiterated, "This is none of my business, I'm not a landscaper". He then went to our opposite fence-line, next to an empty block, and pointed to our battered-off site. He found a small section that was a bit rough, with a few centimetres of cut (about three metres from the boundary), and pointed... "Look! You'll need a retaining wall there to control water. How can you complain! You need the same thing on your land!". I said, "Now you're being unreasonable, the ground is at the natural level at the fence-line, and that small section of cut will blend in when we dress it with top-soil". He just shook his head, and walked around the site finding various the little divots along our block, pointing and insisting that we'll need retaining walls and landscaping everywhere, all over our (almost dead-flat) block. I insisted that this was all for me to sort out, and to get back to the fence-line in question. I pointed out that they had trespassed on our land in cutting out a section of our side yard, and in battering off the fill into our land. He then smiled and said, "You haven't even handed over yet. It's not your house, so stop complaining. Why are you worrying when it's not your house?". I insisted that it is our land, and he just kept exclaiming, "Ha! It's not even your house yet!". At this point, I'd had enough, and told him to stop being an arrogant cowboy, to stop deflecting my questions, and to focus on the issue at hand. How do we resolve the cut and fill? He suggested that the retaining and fence be done together, with the retaining wall forming part of the fence, along the property line. I wasn't happy with this at all. Retaining walls along boundary lines are strongly discouraged, because they lead to maintenance disputes down the track. I flatly refused, and said that they need to put the retaining wall wholly in their land, and build the fence at the natural level. At this point, things became a bit heated, but I just held my ground and refused to allow the retaining wall to be built directly under the fence. The site supervisor lectured me, insisting that I was "totally unreasonable" and said to my neighbour that I was being ridiculous. He then said: "It's none of my concern, anyway, I'm not a landscaper. It's between you two". By this point, I was getting the picture. He's not a landscaper. I just repeated my request, "Rectify the ground back to natural ground conditions along the fence-line, and we can build a fence. That's all I want. It's a simple request, and it is how things should have stayed in the first place". He then tried to brush things off altogether by saying: "This is all none of my business. It's between the two owners. You work it out between the two of you", and started to walk away. I, once again, reiterated that his contractors had screwed up, and they needed to fix things. They made the mess, they should fix it. He conceded, "OK, look, we cut in too far. Once the owner builds a retaining wall, we'll back-fill it". I mentioned that it would also need to be compacted. He started fuming: "OK, I'll jump up and down on it if that makes you happy". He then asked me, "Where's the fence-line?". I pointed to the marker pegs. He disputed this and said, "The fence line is actually 1500mm from the edge of this house. Those pegs have been moved by someone. The real fence-line should be measured from this wall". I said I know full well the pegs are right, and they haven't been moved. I have hundreds of photos of my site for our personal building diary, and they all show the pegs in the same spot, even before any houses or fences were built. I noted that we couldn't be sure about the precise house setback with all the mess, but it was extremely doubtful that it was set back the full 1500mm. He went a bit crazy at this point, "Eden Brae has the best surveyors in the business. We check, and check again. Those pegs are probably wrong. We're definitely right. If you're such an expert, why don't you drive around in an Eden Brae car?". I replied, "There's no way I'd be getting in an Eden Brae car at this point". Things really got heated, and he started yelling at me, and saying to my neighbour: "Look, he's trying to put it all on you. You two should reach a compromise on the landscaping, and he's just insisting on having it all his way. He's being unreasonable. Just get someone in to build the fence and retaining wall together, and it will all be fine. You can't build the retaining wall and fence separately". I once again insisted that the retaining wall not be built on the boundary-line, because this would cause maintenance disputes in the future. He said to my neighbour, "Look, he's trying to make your life hard. You'll have no access to your side yard if you build the retaining wall on your property". At this point, I accused him of trying to set me against the neighbour, and reiterated: "I just want what I'm legally entitled to. I just want my land restored to its previous condition". I said I wanted him to be responsible for arranging it, since he had created the problem. I didn't want to have to argue with my neighbour over it. He declared that it was none of his business, because "He's not a landscaper". I think I'd heard that one before. We were going in circles at this point, and had been arguing for 45 minutes and getting nowhere. By now, I was late for a meeting at work. So, I politely said to my neighbour, "I've had enough of this guy, I can't handle it anymore", and walked off. I unplugged their extension lead, and walked to the car to cool down for a couple of minutes. I then went back and made sure we had the neighbour's contact details. My father had already given him his number. The neighbour said he'd look into retaining options "over the coming weeks", and keep us in the loop. As we were walking off, the builder once again reiterated that we were "being unreasonable", and that we "didn't understand building". I mentioned that I'd had enough, and would be posting the details of the discussion on the internet, on a discussion thread about our issues, where there were plenty of people interested in the outcome. He said, "Fine, if they're so interested in your build, they all sound like losers anyway, do what you like". I'm hoping we can work something out with the neighbour. He was almost dead-silent for the entire time, and a bit overwhelmed by it all. However, he seems like a nice enough guy. If we can make an arrangement with him, it might be all OK. However, it shouldn't have got to the point where our block has been damaged, we can't build a fence, and we have to beg our soon-to-be neighbour to fix it soon, so we can secure our yard and get on with moving in. Re: Building works next door encroaching onto our land 47May 17, 2013 11:28 am I feel for you. The Eden Brae guy sounds like a complete tool. Unfortunately there seems to be an attitude in the building industry that they can do what they like when they like and anybody who is collateral damage just has to put up with it. I'd give your neighbour a week or so and then look at getting an injunction. If Eden Brae can't build they don't get paid.
Re: Building works next door encroaching onto our land 48May 17, 2013 11:30 am Althom I feel for you. The Eden Brae guys sounds like a complete tool. You don't understand. We're not at handover yet (that will be early next month), so "it's not our house", so we can't complain. Re: Building works next door encroaching onto our land 49May 17, 2013 11:31 am I've been reading this thread with interest. Here are some of my thoughts on some ways forward - Get a quote from a landscaper as to how much it would cost to return your land to its natural level & compacted - Lodge a court claim for that amount from the builder that damaged your land Or - Put a fence up on the actual boundary (cheapest type of fence will do). - Put something in writing to the builder that they are not permitted to encroach on your land. - Send them your electricity bill with demand for payment within 30 days Re: Building works next door encroaching onto our land 50May 17, 2013 11:50 am I may get shot for saying this, but there is one point I think you are being unreasonable and that is with the retaining wall. There is no problem with putting the retaining wall on the boundary and in SA it is very common. If you request that they construct the retaining wall out of something durable eg: Concrete sleeper (or something similar) there should be no ongoing maintenance issues. I do feel for you but I think it is a little harsh telling your neighbour they can’t retain on the boundary, In fact in SA I don’t think you would even have that right. I really hope everything works out for you and you and your neighbour can remain friendly. Good Luck Lab Re: Building works next door encroaching onto our land 51May 17, 2013 11:59 am blacklab I may get shot for saying this, but there is one point I think you are being unreasonable and that is with the retaining wall. When we talked to the council about the issue (on Wednesday), we were specifically advised not to have the retaining wall on the boundary. They advised us that this was only appropriate for blocks with a small frontage, and even in those cases, it is no longer standard practice. I'm happy to make concessions to get things sorted out, but that was the one point the Duty Officer we spoke to at Maitland Council reiterated over and over again. Re: Building works next door encroaching onto our land 52May 17, 2013 11:59 am blacklab There is no problem with putting the retaining wall on the boundary and in SA it is very common. Maybe... but if its on the boundary, who is responsible for it? The side that altered the natural ground level, or as its part of the fence, its shared equally by both neighbours? I think the OP should expect that natural ground level on his property be retained. If the neighbour requires a retaining wall because the neighbour changed the ground level, then its up to the neighbour to do this on their land in my opinion. Re: Building works next door encroaching onto our land 53May 17, 2013 12:18 pm matt_will_fix_it Maybe... but if its on the boundary, who is responsible for it? The side that altered the natural ground level, or as its part of the fence, its shared equally by both neighbours? That was basically the point the Duty Officer at the council made. If the retaining wall is on the boundary, then no matter what the current arrangements are, disputes are likely in the future about maintenance. New owners may come in, and they will insist that, as part of the boundary, maintenance of the retaining wall is shared. He said that it is now standard practice to put the retaining wall to one side of the boundary to avoid disputes. It should be within the property boundaries of the party that alters the natural level of the ground. Doing so makes the ownership clear for present and future owners. That was the point I made this morning, but the builder didn't agree. Re: Building works next door encroaching onto our land 54May 17, 2013 12:21 pm As I mentioned before I am also in the Maitland Council district and we were advised of the same thing with the retaining wall. We had to build one along the back of our house before our builder would start building. We were instructed that the wall had to be at least I think 300-400mm within our boundary. Because the fence will be on the natural way of the land we will have issues with fencing but that is our fault and our issue. It will not effect our neighbour at all and that is the way it should be. Glad I didn't build with EB now. I would hate to have had them do this to my neighbour. Hoping you get a resolution with your neighbour. Re: Building works next door encroaching onto our land 55May 17, 2013 12:26 pm aaronh, have you taken this up with Eden Brae? I would be contacting them and demanding to speak with a manager/supervisor especially in light of the defamatory comments and electricity use. I would be putting all of this in writing to them and pushing for someone more senior than the site supervisor to be investigating it and tell them you want a written response so that you can obtain a legal opinion. I would also change the thread title to alert people to Eden Brae's bully boy tactics when dealing with people once they get to site. After all it may not be your house BUT it is your land and you own it otherwise your builder could not be building on it. No builder will build on land that is not owned by the person/entity that they have a contract with otherwise they would not be guaranteed of payment. Re: Building works next door encroaching onto our land 56May 17, 2013 12:33 pm Aaron, I tried looking back in the thread and couldn't find the answer...you're not building with EB are you? I cannot believe their audacity in taking your power, let alone the cowboy tactics of their SS...Get stuck into them. Good luck.... Wiz Built @ Brooks Reach Built the Verdelho Guest with Beechwood Re: Building works next door encroaching onto our land 57May 17, 2013 12:36 pm WizardofOz Aaron, I tried looking back in the thread and couldn't find the answer...you're not building with EB are you? We're with McDonald Jones. So far, so good, and I'm hoping the upcoming PCI will go smoothly. Going into the build, I was dreading having dramas with our builder (that never eventuated), but I never dreamed our biggest problems would be related to the neighbour's company. Re: Building works next door encroaching onto our land 58May 17, 2013 12:39 pm Back Pocket aaronh, have you taken this up with Eden Brae? I've contacted them a few times in the early days of this situation, via email and phone. They just took a message and said the site supervisor would call me back, and after a week or two, he did. Once I calm down a bit, I might give head office a call. They might be more useful than the local Thornton branch. Re: Building works next door encroaching onto our land 59May 17, 2013 12:58 pm It must be different in SA, under our council it is very clear that the side that alters the natural ground level is responsible for the construction and maintenance of the retaining wall and if both parties modify then they are responsible for the % modified. Sounds like it is very open over there, I really feel for you in this situation. Best of Luck Lab Re: Building works next door encroaching onto our land 60May 17, 2013 2:02 pm Gosh, that certainly didn't go well aaron I hope that their HO will take it a bit more seriously considering how the SS acted. Best of luck Our RedInk Build Thread - viewtopic.php?f=31&t=64118&p=1004131#p1004131 ** Timeline Page 1 Moved In - 19.12.13 i imagine you also have another contract with an architect? and yeah, whatever other's said about special conditions and appendices 16 16026 MBA and HIA both have sub contract agreements, check them out 2 7317 I want to build a bigger driveway (without a nature strip) than has been approved under my CDC. I’ve also had a DA approved to build a deck. It looks like I can do this… 0 4814 |