Development next to mum

The corner block next to my mum is being developed (2 townhouses). The builder wants to meet with her to discuss 3 things. I’d appreciate your comments/opinions.

1) Tree
There is a massive gum tree in the corner of their block. Some branches hang over mums place and the trunk is slightly over the fence line (pushing the old fence).
The builder wants permission for the tree guy to come on to her property. Mum had the card off the guy that cut the front tree and I rang him to check he had insurance and he sounded dodgy. Card with phone number, nothing else (landscaoer). Mum rang the builder and he said he was using someone else but wouldn’t give mum his number and changed the subject when she mentioned insurance. Then said only he (the builder) would go on her property to remove branches. I know there are many accidents when tree lopping happens. Mum is worried about him hurting himself and suing her.

2) Back fence.
The owners approached mum last year and told them they were developing but said don’t worry, don’t object to the build as it won’t cost you anything, we’ll pay for the new fence. The 2 story building will block sun to mums bedroom but she didn’t object. The fence goes from the front of mums house to half way down the backyard. The builder mentioned paying half for the fence and mum told him the owners said they’d pay for it. I know she legally should pay half.

3) Front retaining wall and fence.
Mums property abuts their driveway and is about 700ml high at the front, 200ml at the back. 50 yearts ago my dad and the neighbor built the retaining wall. Rather than cut all the dirt away the built it where it was, which apparently is on their property. I’m guessing the wall and the garden (about 200ml wide) is on their land. Now mum told them this as they wanted her to cut down the tree in the garden). Mum also told them that she knows she has a right to claim the land (that shut him up).
So now he wants to discuss putting a new retaining wall and putting a fence above it (nothing there now). Mum doesn’t mind if they cut the wall back a bit but obviously not too much. I’ll get her to ask for the survey as I don’t know how much IS actually there’s

I’m going there today to look and take photos.

Any comments, opinions, suggestions welcome on what she should say/do?
 
If the fence doesnt need replacing or repair, and the new one is just for show then she doesnt have to pay half if she doesnt want to.

Cheers
 
Unless the fence is in very poor condition then the developer has to pay if he simply wants a new fence.

Your mum is perfectly entitled to know who will be entering her land regarding the tree and to check appropriate insurance. Make sure also that any work SHE wants done to the tree is a condition of permission.

If the developer wants to remove the existing retaining wall then it is his responsibility to rebuild it (and your mum is entitled to insist on a survey to ensure it is in the correct place, possibly shared cost).
Marg
 
check with council regarding the fence - they often require the developer to replace it as a condition of the approval. it shouldn't cost her a cent except for removal of any vegetation against the fence.
 
Thanks. I should have put the back fence last as that's not the major concern. It is falling down and if she has to pay half so be it.

The main issues are whether to let them on her land and the rataining wall going in the right place and them paying for it.

I'm going to write a letter for her to give the builder on Monday.

Any help with wording? For the front retaining wall and fence I'm to put I agree ??? (on sighting of the surveyers report) ???? "at no cost to me".
 
Make sure everything possible is in writing from the other owners and builder. That would have cleared up the fence issue in a jiffy if it had been in writing.
 
Hi,

I would be going there and taking lots of photos of the whole house and block. You can never have too many photos of "before" when builders and tradies start smashing and crashing.

I would ask to see the insurance details of the tree lopper, you would at least want them on a business letterhead or card in their writing giving policy numbers etc.

I agree with others, quite often when a development wants to improve the appearance of the fence it is at their cost.

I think your Mum needs to be firm but fair and I feel strongly that she should have you there for moral support and as a witness. I would be getting everything in writing, if she is a pensioner then she could seek free legal advice from some govt or aged dept now, before any further discussions so that she knows her rights.

She should also be advising the builder that she is getting the legal advice, she can mention it in passing, "the legal aid people said ..........." Google some advice but here is one link http://www.legalaid.nsw.gov.au/what-we-do/civil-law/a-service-for-older-people

Hopefully the builder is honest but there are shonks out there who feel it is there duty to upset and take advantage of as many people as possible, especially if they are older :mad:
 
Thanks Macca.
I'm going today to take photos and discuss it with her.

My mum is a very intelligent lady and no pushover but I will try to gert the meeting after lunch so I can be there.

I'm thinking if she discusses the back fence first. If they agree that they will pay for it she will be more lenient with regard to claiming back their land for the retainer.
And yes definately need to see that insurance. But I'm getting the feeling there is none. They seem to be looking for the cheapest option with things snd he was reluctant to discuss it when mum rang him.
 
My mum had a development next door. The agreement was that the developer would erect a new 6 ft timber fence. It was on the north-western side of mum's backyard, and as mum is a keen gardener she was concerned it would completely shade the garden she had along the fence line.

The develop agreed to leave spaces between the palings so that the garden would still get some sun.

Communication is the key, but get all agreements in writing. Mum didn't, but fortunately the developer was true to his word.
Marg
 
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