Browse Forums Building A New House Re: Building with eden brae homes 2Oct 09, 2016 8:34 pm dakum Hi guys we are about to sign the contract for our house lincoln, but I stepped upon a rock along the way, my neighbour refused to sign the drainage easement for or against the proposal, he is unhappy about what we are trying to do for the alternative to the easement. What happens in a case when your neighbour thinks he can stop you from building things on your own land. Hi Dakum, I am a Solicitor and can give you a bit of advice on this. Under Section 88K of the Conveyancing Act, the neighbour who has refused to sign the drainage easements can be in breach of the law. The building or yourself can threaten them with legal action by taking action in the Supreme Court of NSW. In the recent case of ABI-K Pty Limited v Frank Shi [2014] NSWSC 551 the court granted the drainage easement and although Frank Shi wanted compensation for the easement he wanted $250,000 in compensation when the owner had offered up to $40,000. The court actually found the actual compensation owed was $21,000 however... Frank Shi was in pursuit of a higher compensation of $250,000 and wasted the court's time he ended up losing because the court found that the offer of up to $40,000 was fair and just and as a result he had to pay the costs of the builder. I hope this has been helpful to you. Please do not hesitate to contact me via message if you require any further help. Kind Regards, Bruce Wong I built with EB back on 2009. Check out this thread on this forum. viewtopic.php?f=31&t=12911&p=154061#p154061 I can't speak for recent expericience however, we had no… 1 23338 Ask for references and speak to them. If they are defensive or try to avoid the request, walk. 1 74715 I would never build with Fowler homes. I built with them in 2021 and till date maintenance issues are pending. All their existing trades and businesses don't work with… 14 105587 |