Browse Forums Building A New House 1 Jan 07, 2018 9:46 am Hi My husband and I purchased a residential block of land in a housing estate in May 2015. The estate is a new estate and we were one of the first purchasers to build here. The contract that we signed through the vendor obviously had many stipulations and explanations on it, which we happily agreed to and signed. We chose the block of land that we did for a number of reasons, one being that one of the adjoining blocks was basically a 4m wide laneway which then turned left into the actual driveway of the neighbouring house. This we thought would ensure that no building as such would be built on our boundary line of that side of the house. Our house was completed and we moved in 18 months ago. Up until yesterday we assumed that the block next to us was still unsold as the for sale sign is still there and there has been no activity on the block. I also contacted council about a month ago to ask if it had been sold yet, as if it had I was going to send the invoice for half the cost of the fence to the purchaser. Council advised me that it had not as yet been sold. Yesterday however we had a young couple knock on our door stating that they had purchased the land, and needed my husband and I to sign a permission letter so that they could temporarily remove our fence whilst their house was being built, as they were building their garage on the boundary line. I queried with them how this was possible as in the Residential Contract for that area was in fact a laneway (that would be owned by the purchasers of that block), but the house would be facing 90 degrees to our house (The vendor advertised it initially as park facing as there is a reserve in front of it.) The purchasers told me that the land division had changed, and that the vendor had sold what was on my plans a 408m L shaped block and it was now a 12.5m x 30m rectangular block. I told them at this stage I was not willing to sign their permission slip as basically all that it said was that they would be taking my fence down and accessing my land to build their garage on the boundary line. Once built, this in turn will block out a lot of light from my house, and will mean that we will also have numerous people on my property throughout their build, and this is one reason why we bought this particular block so as to avoid this. (Not to mention any further issues if damage is caused, fencing is not removed or reinstalled properly etc.) I have emailed the vendor as I have in my Residential Contract the original allotment development plan, and this shows the block layout when we signed the contracts 2 and a half years ago. I am under the assumption that we have a case as the vendor is now in breach of this contract. Had we known that the blocks would be set up as they now appear to be, we would have purchased a block of land that we felt more suited to our needs. Any insight would be appreciated. Re: Property law help please! 2Jan 07, 2018 10:42 am j0j0chris Yesterday however we had a young couple knock on our door stating that they had purchased the land, and needed my husband and I to sign a permission letter so that they could temporarily remove our fence whilst their house was being built, as they were building their garage on the boundary line. According to what our builder told us, they can go ahead and remove the fence and build on the boundary even without you signing the letter. In that case the boundary wall will be built from their side, and the brickwork will not be as clean and visually appealing on your side as if you'd let them have access. As much as it hurts its probably in your best interests to sign the form and get off to a good start with your new neighbors. I would suggest that you won't be able to stop this happening, best case you could go after the developer (or whoever sold you the land) for compensation. Re: Property law help please! 3Jan 07, 2018 2:54 pm If we had purchased a block that would have indicated that was to happen then I would not have minded. We paid extra for our block as the block along side it was meant to be a 4m driveway that then turned left into a neighbours rear garage. (meaning there would be no building and light blocking structure on our boundary line) Re: Property law help please! 5Jan 07, 2018 3:55 pm It is not personal against the new neighbours, it is against the developer. (It has absolutely nothing to do with the neighbours as they are unaware that the lots have changed.) But why should the developer be allowed to be in breach of the contract that we signed? If we had built on a block of land that had the potential to have a garage built on the boundary then I would have no issue. But we bought a block of land that had a laneway on the site plans on that side and this is the issue. Re: Property law help please! 6Jan 07, 2018 4:05 pm I agree with you, but at this point the deal's already done so it's too late to change that. Best case you might be able to get some compensation but you're not going to be successful in stopping this house from being built on the boundary. Re: Property law help please! 7Jan 07, 2018 4:22 pm The deal is actually not quite done as the people that bought the land told us it settles in a couple of weeks. I have spoken briefly with a lawyer, and am waiting on a reply from the general manager of the land vendors. The lawyer says that from what they can see we sill have a case to stop the build going ahead, and whilst I feel bad for the people that are wanting to purchase the adjoining block, there are plenty of other blocks in the development, and it is not my issue or fault that the land vendor has breached my contract. If anyone deserves to be compensated it will be them after the vendor realises that they cannot get away with breaching a contract, and then selling a block of land to people who are unaware. You might be able to apply to divert the sewer at your expense. In NSW you would contact a Water services co-ordinator and they would give you advice as to whether or not… 1 17313 Ask for some kickplate to be added and also for tradies to be requested to use lanyards on tools on that side of the building. Be respectful and have the discussion… 1 1945 The setback from the kerb is 4m. It is council land to provide an area for services like sewer main, gas mains, water mains, underground power or poles for overhead power,… 4 2668 |