Browse Forums Building A New House Re: Building works next door encroaching onto our land 61May 17, 2013 2:27 pm That is so incredibly bad!!! I am building with Eden Brae (thankfully not in your area [South West Sydney], so not with that douche of a SS). If I had read something like this before signing with them, I would have been put off right away. Thank you for sharing this, and good luck with dealing with EBH head office so they know whats going on. I am horrified that the company we are paying to build our home has people like this working for them. Wish you all the best and I'll continue checking on this thread. Kristen Kristen & Stephen - Built the Eden Brae Drysdale 27 at Oran Park (We're in!!!) Blog: "Race to Oran Park" - updated 25.8.2014 Re: Building works next door encroaching onto our land 62May 17, 2013 5:52 pm aaronh 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. At least you're maintaining your sense of humour. Don't let the !@#$%^&* grind you down Re: Building works next door encroaching onto our land 63May 17, 2013 7:21 pm Dad just gave me an update on what went on during the day. He went back this afternoon, and found that the Eden Brae contractors had re-attached the extension cord, and were using our power for their site again. He unplugged the cord, threw it back over the fence, and was told off for "disrupting their work". He hung around for a while, but then ended up leaving, knowing full well that they would have almost certainly plugged the power back in as soon as he left. Re: Building works next door encroaching onto our land 64May 17, 2013 8:06 pm We built in maitland area. Had eden brae using our power. I too unplugged it and then got abused by the bricklayer all in front of my 3 year old son. Went into their sales office and got given SS contact number. Rang him and they never used our power again. In regards to retaining wall. Neighbour only has to have posts inside his boundary line, so fence and retaining wall will need to be done at same time. McKeachies Run, Aberglasslyn Deposit paid 11th April Land registered 6th June Land settled 20th June Colour selections and contract signed 5th August Commencement letter received 26th September Re: Building works next door encroaching onto our land 65May 17, 2013 8:45 pm sarbear In regards to retaining wall. Neighbour only has to have posts inside his boundary line, so fence and retaining wall will need to be done at same time. I'm not quite sure what you mean. Are you suggesting building the fence on top of the retaining wall, even at the front of the block where the neighbour's fill is higher than the natural level? We were emphatically told not to do that by Council (as we are not altering the natural level of the ground). If you just mean that they need to be done at the same time as a matter of logistics, then that's totally fine. If that's what needs to be done, that's OK. Re: Building works next door encroaching onto our land 66May 17, 2013 9:16 pm Well your story just keeps going on and on doesn't it!! That Eden Brae SS sounds like a real tool, an arrogant simpleton who just flys off the handle with complete rubbish when the situation doesn't go his way. You must be soooo frustrated dealing with him. Any luck discussing the situation with the neighbour??? I know it is not his fault but he has inherited it because it is his builder, so he has to deal with it Pretty bad practice of Eden Brae by using your power too, even after being told not too. To protect your power, can you ring your energy company and get them to put a lock on your power box (I assume that is how they are getting access to your power) 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 67May 17, 2013 11:58 pm Thats terrible, what a childish brat that SS is acting like! It sounds like its to hard for him to deal with and just wants to throw it back on you!! Im having trouble with Homebuyers Centre using my power also. Ive told them twice to unplug it, the first time was in front of 2 SS's and 3 tradies and they kind of just blankly stared at me.. The next guy played dumb and said 'ohh is that your power, i didnt realise..' Yeah right! Their power boxes are at the front of their yard and are red with homebuyers centre on it! Also just got my first power bill.. 40 days and $15 worth was power consumption, the rest was establishment fees.. Ive only just got my slab down, so i highly doubt its from my builder! Re: Building works next door encroaching onto our land 68May 18, 2013 6:56 am String will be run along the boundary line. Posts for retaining wall will be placed just inside your neighbours boundary and sleeps then behind that. This will mean retaining wall is completely on neighbours side. Fence will then be placed on retaining wall meaning neighbour will give up about 100 to 150mm of his property but this will give best finish. Any other way will no work. Keep in mind that this wont happen until neighbour takes control over his house which appears some time away. In ideal world you hope to have your fence done right away, but it won't happen. We were in our house for around 5 months before we got fences. Similar situation to you. Neighbour had filled heir land by approx 900mm to build on boundary line. We refused to pay for an of the retaining wall as they altered the land. Neighbours agreed and built wall after handover. McKeachies Run, Aberglasslyn Deposit paid 11th April Land registered 6th June Land settled 20th June Colour selections and contract signed 5th August Commencement letter received 26th September Re: Building works next door encroaching onto our land 69May 18, 2013 8:31 am sarbear Fence will then be placed on retaining wall meaning neighbour will give up about 100 to 150mm of his property but this will give best finish. Any other way will no work. Had our fence been up before construction started, they would have placed their retaining wall +100mm behind the fenceline. That is what will been done on their other boundaries in regards to the cut at the rear and the fill at the other side. I can't see how that isn't an option for our boundary now. Quote: Keep in mind that this wont happen until neighbour takes control over his house which appears some time away. My wife has plainly said that we (and our dog) won't be moving in until the fence is up. I'm not going to force the matter in that regard. If things aren't fixed prior to their handover, it looks like we'll be moving in six months after our handover date. In any case, I'll be meeting the neighbour this morning, to discuss the issue without the site supervisor interjecting every few seconds. Re: Building works next door encroaching onto our land 70May 18, 2013 8:59 am It's funny how different councils do different things, in my local council, retaining walls can and are usually are on the boundary. It's a shame that ss was such a tool! My EB ss was and has been fantastic. I had a problem with my power but we had ours connected since January... Just settled two days ago and our neighbours were using our power too... I think it's a common problem, my ss got on to it though. I am sorry that one cowboy ss is giving EB a bad image. We just finished building with them and could not be more positive about the service and experience I had in south west Sydney! I hope your neighbour can help with a resolution in this matter. Good luck today! Built a Hawthorne 31 with EB nessjeffdreamhouse.blogspot.com.au Building an investment now with New Living homes... We are at nearly finished... Just landscaping and driveway to go! Re: Building works next door encroaching onto our land 71May 18, 2013 12:49 pm I just got back from meeting the neighbour. Firstly, we were right about the boundary pegs. Their house is located a bit too close (when compared to the plans). But that's all fine, it won't be a drama when the fence is up. At least the boundary is established now, for fencing. At the back, the resolution was simple: they build a retaining wall on their side of the boundary (by 100mm or so), and the fence sits on top of that, on the boundary. No worries at all. At the front, we couldn't reach an agreement. We've been advised not to have the retaining wall on the boundary, so we would be very reluctant to do so. They didn't want to have it on their side, and got upset at that suggestion. They want the fence to be at the level of their house for privacy reasons. We were at a stalemate. So, after the meeting we just started thinking outside the box. We hadn't planned to do any landscaping, we didn't see it as necessary - our block has a very gentle contour, so it wasn't really required. However, I realised that by doing a bit of landscaping we could solve the dilemma. We'll level out that side of the block, raising the level of our yard on that side. Therefore, at the fence-line, there will be only about 300mm of height difference, which can be contained by a simple retaining sleeper under the fence. By doing earthworks on our side reduce the height difference, the problem disappears. It won't come cheap, but it makes us both happy. There is no retaining wall on the boundary to worry about at all. Just a fence with a retaining sleeper underneath to contain a very minimal height difference. Honestly, it will look better as well, as it will reduce the contour of our block, making it "football-pitch flat" at the side yard. I'm really hoping they appreciate the gesture. It will solve any fights, and save them retaining costs as well. They seemed receptive to the idea on the phone. However, they did get very upset about us raising our concerns with the builder. They insisted we shouldn't have done so, because it might disrupt their build and delay them moving in. They told us to stop objecting to our electricity being used, and to not cause too much of a fuss about the issues, because "causing a fuss and delaying the build isn't neighbourly". My wife was very upset about that attitude... in their eyes, we were the guilty party for raising the concerns about the cut and fill. She was expecting them to see the situation as a problem caused by their builder, rather than a matter of us being selfish and "causing a fuss". My wife keeps saying, "It's not neighbourly to blame us for the builder's problem... and we've been neighbourly by paying for their power during the build up until now". She's really upset at the moment about it all. However, things are looking a whole lot more positive now than they were yesterday. Most likely because the Eden Brae SS wasn't there. We don't see exactly eye-to-eye with the neighbour on the issue, but we should be able to work it out. We'll meet again tomorrow, and hopefully they will appreciate our gesture. We're going to incur significant cost to solve a problem that wasn't of our creation. However, I'd prefer to do that than to end up in a dispute with the neighbour before we even move in, or to compromise and accept a solution we have been advised against. The only concern now is timing. There's a lot of work to be done now, involving three different parties. I'm not content to wait until their handover, so I'll be pushing for a resolution as soon as possible. Some of the work will have to wait until after our handover, but I'll be insisting it is all resolved very soon after that. We know what we're going to do now. The next step in the saga will be actually doing it. I don't expect that to be any easier. Re: Building works next door encroaching onto our land 72May 18, 2013 1:41 pm I would try and get EB to correct at least the mess and cut that they have done. As for the power, its not right and maybe if it were me I would flip you a few cartons or 100 bucks as a gesture for letting me use your power. I am concerned about upsetting my existing neighbours when I start building as mine will be a knock down and rebuild. They are great neighbours now but the noise, dust etc could be stressful. I hope things settle down with your neighbour. I would not get into about being neighbourly and agree that delays are not good. I would point out that the SS is causing issues and in the long run these are small things that should be dealt with quickly so that any bad air is cleared. Good luck and keep us posted. Re: Building works next door encroaching onto our land 73May 18, 2013 2:29 pm AussieMark I would try and get EB to correct at least the mess and cut that they have done. That's our plan. We want the rear cut section rectified as a first priority, along with them sorting out the mess of fill and trenches they have created along the rest of the boundary. Once that is done, we'll get some dirt in, to raise the level of our entire side yard, and minimise the height differential between the two properties. Then, we can put a fence up, with minimal fuss. It should be an easy job once that is all done, as things will hopefully have been mostly levelled out. We just need to make sure there is pressure on the builder to ensure the rectification works happen as soon as possible. That will be the trickiest part. Quote: As for the power, its not right and maybe if it were me I would flip you a few cartons or 100 bucks as a gesture for letting me use your power. I'm not as worried about that. It's a minor issue, but is just another little annoyance by a SS who just does what he likes, and shrugs off complaints. Quote: I would point out that the SS is causing issues and in the long run these are small things that should be dealt with quickly so that any bad air is cleared. I agree totally, and I've been trying to point that out. The sooner it is all sorted out, in a way that suits all parties, the better. Then we can just get on with other things, rather than having it as a constant source of angst. Re: Building works next door encroaching onto our land 74May 18, 2013 3:03 pm I have built with EBH and have voiced many concerns with the way some things were done and how they dealt with these issues, so I am in no way a loyalist. MDJ are building next door to us and they would have done the exact same thing IF we had not erected our fence before they started. When they excavated they dug right up to the fence boundary and exposed the concrete footings and the fence started to lean. I tried to talk to their SS over the phone and he was an arrogant jerk and it got me no where. The end result is the same as you though, the fence will not be repaired until they finish the build and the owner puts in a retaining wall. The fence has stopped leaning though, so there was something done to hold it in the meantime. I shudder to think what may have happened if the fence wasn't erected before they started. PS: Until you have someone build a house next door, you have no idea of how much of a pain these builders are. Radios, shouting, swearing, the stench of port-a-loos, tools, rubbish all through your yard... sheesh. Only have to put up with it for 6 months or so, so you grin and bare it Houda ---- Built the Lincoln 35 at Georges Fair Re: Building works next door encroaching onto our land 75May 18, 2013 4:25 pm "They told us to stop objecting to our electricity being used, and to not cause too much of a fuss about the issues, because "causing a fuss and delaying the build isn't neighbourly".
I'm sure they wouldn't have had a problem if the boot was on the other foot - NOT!! Using your electricity is stealing - pure and simple. Ask them if they'd like the police to be involved or would they rather tell their builder to behave? Re: Building works next door encroaching onto our land 76May 18, 2013 5:45 pm If you have managed to sort the fence issue out, that's great. May all be a PITA but you have to live next door to them. Have been there and done that. We moved and rebuilt 8 years later, we were so sick of them. Re the power. If the box has a latch, put a padlock in the meter box. If not fit one with a padlock. Just leave or give your tradies a key to the lock. If it is broken open by them, feel sure you can then take further action. Settlement 1/2/12 New Shed 23/3/12 Slab poured 27/3/12 Frame complete 4/5/12 Roof complete 1/6/12 LOCKUP 29/6/12 Our new build blog http://kareenhillsownerbuild.blogspot.com/ Re: Building works next door encroaching onto our land 77May 18, 2013 5:54 pm "Until you have someone build a house next door, you have no idea of how much of a pain these builders are. Radios, shouting, swearing, the stench of port-a-loos, tools, rubbish all through your yard... sheesh. Only have to put up with it for 6 months or so, so you grin and bare it" Six months! I wish - we've had APG next to us for 10 and they're still 2-3 months away from finishing. 5am starts, the stinky portaloo, the shouting, the rubbish, the mess - well and truly over it! Re: Building works next door encroaching onto our land 78May 18, 2013 6:27 pm delatite13 If you have managed to sort the fence issue out, that's great. May all be a PITA but you have to live next door to them. We've got an idea how to approach it, at least (even if it does involve landscaping on our end we weren't planning on). We'll wait to see if all the details fall into place. Fingers crossed. Quote: Re the power. If the box has a latch, put a padlock in the meter box. If not fit one with a padlock. Just leave or give your tradies a key to the lock. If it is broken open by them, feel sure you can then take further action. We'll be talking to our site supervisor on Monday about this. It's a shame that we have to go to that sort of extent. Re: Building works next door encroaching onto our land 79May 20, 2013 4:46 pm Any news on this situation, Aaron? Kerith - Building an Eden Brae Newport 40 in Sydney's North http://kerithsedenbraehouse.blogspot.com.au/ Re: Building works next door encroaching onto our land 80May 20, 2013 10:18 pm Kerith Any news on this situation, Aaron? Eden Brae's management became involved in matters today, after some help from a few members on the forum. Yesterday, I sent a detailed email listing all the issues (and a timeline of what occurred) off to the Eden Brae management email address, and heard back from a manager at Thornton first thing in the morning. While I was at work, Dad met with the manager, and they discussed the issues. Management are now working with the neighbour to get everything sorted out. The neighbour is getting a retaining wall organised at the rear of the property as a matter of priority, the excavation contractors will be out there tomorrow to investigate the situation, and Eden Brae management will work with the contractors to develop a plan to fix things. I have also received an apology from management for the delays in having things investigated, and for the illegal power use. It seems they are investigating everything in detail, from a surveying, site management, excavation, and communications perspective. At this stage, it's looking like they will make up for lost time, and everything will be fixed soon enough. The neighbour also seems very happy about our plan to do some landscaping on our site, to remove the need for him to erect a retaining wall at the front. It's not something we were planning to do, but it will deliver the best outcome for everyone. All in all, it seems like things are being sorted out. Within the course of a day, and a few emails, we have worked out how this will be rectified. If all this had happened three weeks ago, I would have had no reason to complain. I've been impressed today, not just by the prompt response by management, but by the message coming through from them that they aren't just sorting out our site issues, but are investigating the processes that led to this situation eventuating, to ensure it doesn't re-occur. Big thanks to those on the forum who helped escalate this issue to management. Today's response from Eden Brae was the polar opposite of the attitude I have received until now. i imagine you also have another contract with an architect? and yeah, whatever other's said about special conditions and appendices 16 16010 MBA and HIA both have sub contract agreements, check them out 2 7315 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 4810 |