Profit from Property
- Thread starter Philip Thomas
- Start date
A mobile bridge placed strategically over his car would suffice. 
If I was Project manager I would probably hand it back to the owner to sort out legally and go onto another job until a resolution has been negotiated. Your contract would be to manage the project legally - not to manage the unreasonable neigbour who is acting illegally by blocking access. You cannot expect to make any profit from a job like this if this guy will go to any extreme to block the development.
If you were responsible for managing the neigbour you need to understand his personality and mindset to develop the correct strategy. This information can come from family and neigbours. If it is a real case, Phillip, give us more details on the dude. Age, occupation, society class, model of car, etc. According to your description it must be a battleaxe shared drive. Surely he can't park his car there permanently - he must go out sometime?
It is obvious that you or the owner needs to seek legal advice if you have exhausted all avenues of communication and mediation. Make sure the owner is responsible for all costs associated with the legal action.
If I was Project manager I would probably hand it back to the owner to sort out legally and go onto another job until a resolution has been negotiated. Your contract would be to manage the project legally - not to manage the unreasonable neigbour who is acting illegally by blocking access. You cannot expect to make any profit from a job like this if this guy will go to any extreme to block the development.
If you were responsible for managing the neigbour you need to understand his personality and mindset to develop the correct strategy. This information can come from family and neigbours. If it is a real case, Phillip, give us more details on the dude. Age, occupation, society class, model of car
, etc. According to your description it must be a battleaxe shared drive. Surely he can't park his car there permanently - he must go out sometime?It is obvious that you or the owner needs to seek legal advice if you have exhausted all avenues of communication and mediation. Make sure the owner is responsible for all costs associated with the legal action.
Here is a response from my 8 year old.
Post a free overeseas holiday with his and his families details and ship them off overseas.
Post a free overeseas holiday with his and his families details and ship them off overseas.
Put a leash on him, take out an AVO.
Get the missus to knock on his door trying to be nice and film the aggression. Say to the court that she's in fear of her life. Record all the violations, parking, threats, signage. Make the court order that he doesn't come within 50m of you and is not there during working hours. Make it a condition that he doesn't obstruct the construction any further so you do not have to meet him to intervene.
Any breach of the AVO then straight off to court.
Sounds like he's beyond reason and its best to go in all guns blazing. If you get the upper hand then he might back down and suddenly become all accommodating.
If not, then I also happen to have a cousin-in-law with the Comancheros bikie gang who my lovely wife said can always organise a fixer for me if I need one. I've got his number in case anything nasty ever happens to her and the courts don't meet out an appropriate punishment. I can always call him from a pay phone and have the problem dealt with not-so-subtley...
There's also the option of professional mediation too. Council should be able to do something here. I'd start with a call to council to understand what rights you have.
Cheers,
Michael
Get the missus to knock on his door trying to be nice and film the aggression. Say to the court that she's in fear of her life. Record all the violations, parking, threats, signage. Make the court order that he doesn't come within 50m of you and is not there during working hours. Make it a condition that he doesn't obstruct the construction any further so you do not have to meet him to intervene.
Any breach of the AVO then straight off to court.
Sounds like he's beyond reason and its best to go in all guns blazing. If you get the upper hand then he might back down and suddenly become all accommodating.
If not, then I also happen to have a cousin-in-law with the Comancheros bikie gang who my lovely wife said can always organise a fixer for me if I need one. I've got his number in case anything nasty ever happens to her and the courts don't meet out an appropriate punishment. I can always call him from a pay phone and have the problem dealt with not-so-subtley...
There's also the option of professional mediation too. Council should be able to do something here. I'd start with a call to council to understand what rights you have.
Cheers,
Michael
Firstly, I'd try to determine what is within my rights and what isn't.
The man, if he isn't approachable, may have a wife who is.
I'd clearly identify myself, and show that I have sufficient authority to decide what goes on. So we may be able to talk - CEO to CEO.
Offer either he can talk, or we can get each other's lawyers to talk.
Talking points:
1. clearly acknowledge that he is not happy.
2. show understanding that he will not be happy that the vacant land behind him is gone.
3. also recognize there will be inconvenience and dust and noise.
4. Point out what happen over the next 18 months is up to him. I'm here not to talk to him but to tell him he has a choice where this is going to lead to. Tell him that the suburb is going to be different, but it is a "better" kind of different. If he succeeds in postponing the development, it is a matter of time before the place gets rezoned for even higher density living. Putting a new house behind his if anything is his best choice. He doesn't own the land, and if I can't build this, someone else with bigger lawyers would buy the land off me.
5. Point out with his cooperation, work will progress quickly and without drama, and the mess will be cleaned up and the street will be not much different again.
6. Reiterate that the land was always meant to be built on sometime, and the time has come.
The man, if he isn't approachable, may have a wife who is.
I'd clearly identify myself, and show that I have sufficient authority to decide what goes on. So we may be able to talk - CEO to CEO.
Offer either he can talk, or we can get each other's lawyers to talk.
Talking points:
1. clearly acknowledge that he is not happy.
2. show understanding that he will not be happy that the vacant land behind him is gone.
3. also recognize there will be inconvenience and dust and noise.
4. Point out what happen over the next 18 months is up to him. I'm here not to talk to him but to tell him he has a choice where this is going to lead to. Tell him that the suburb is going to be different, but it is a "better" kind of different. If he succeeds in postponing the development, it is a matter of time before the place gets rezoned for even higher density living. Putting a new house behind his if anything is his best choice. He doesn't own the land, and if I can't build this, someone else with bigger lawyers would buy the land off me.
5. Point out with his cooperation, work will progress quickly and without drama, and the mess will be cleaned up and the street will be not much different again.
6. Reiterate that the land was always meant to be built on sometime, and the time has come.
If it is a real case, Phillip, give us more details on the dude. Age, occupation, society class, model of car
Yes it’s a battleaxe type block. The neighbour is a successful professional. Still working. Is not shy of taking on issues head on. Is very outspoken. Lives in an expensive part of town. Car is a few years old worth maybe $30k. And doesn’t need his car for work.
Philip
The simple fact is that he is not honouring a right of way easement. Depending on how title was established when the battleaxe subdivision was performed, there must be an easement burdening one of the two properties, or maybe both, that use the right of way.
I would look to your legal recourse in enforcing the easement. As alluded to in my first, somewhat flippant, post above, I think a trip to the magistrates court is in order. People act differently when courts get involved. A simple court order enforcing the right of way easement and threatening consequences for further failure to honour the easement should be enough to see him cooperate.
Cheers,
Michael
I would look to your legal recourse in enforcing the easement. As alluded to in my first, somewhat flippant, post above, I think a trip to the magistrates court is in order. People act differently when courts get involved. A simple court order enforcing the right of way easement and threatening consequences for further failure to honour the easement should be enough to see him cooperate.
Cheers,
Michael
A carrot and a stick
You could try a carrot and stick approach. First, you need to find out what legal avenues you have to pursue to get your development ahead. These avenues will definitely involve extra costs in legal fees and delays. Once you know how big your stick is, approach the neighbour with a carrot—in return for his cooperation offer compensation for his inconvenience to the value of around 2-4 weeks holding costs, either in cash or in kind (for example, a new fence offering better privacy if this is a concern to him). Get an agreement drawn up that if he later fails to cooperate, you can take away the carrot and engage the stick.
You could try a carrot and stick approach. First, you need to find out what legal avenues you have to pursue to get your development ahead. These avenues will definitely involve extra costs in legal fees and delays. Once you know how big your stick is, approach the neighbour with a carrot—in return for his cooperation offer compensation for his inconvenience to the value of around 2-4 weeks holding costs, either in cash or in kind (for example, a new fence offering better privacy if this is a concern to him). Get an agreement drawn up that if he later fails to cooperate, you can take away the carrot and engage the stick.
First instance, discuss as to how to work it out.
Does the neighbor own the house? If they are renting, who is the owner? If the developer, I would be negotiating a reduced rent for full cooperation, otherwise 60 day notice or discussions with PM to a ascertain if earlier is possible.
Also, I would be saving like a mad man as builder may be eligible for compo for ruining their timelines. Cranes etc will also significantly increase costs and may potentially eat up significant profits.
If we owned the site and were doing the construction, would do the above.
Worst case scenario, have a few of the laborers pick it up and move it.
On two instances other half wasn't paid for work complete. First instance he took back the carport he built. The second instance he had all the rubble and stuff that the owner wanted tipped, placed in the shared access lane. Funny how the payment is prompt then.
Does the neighbor own the house? If they are renting, who is the owner? If the developer, I would be negotiating a reduced rent for full cooperation, otherwise 60 day notice or discussions with PM to a ascertain if earlier is possible.
Also, I would be saving like a mad man as builder may be eligible for compo for ruining their timelines. Cranes etc will also significantly increase costs and may potentially eat up significant profits.
If we owned the site and were doing the construction, would do the above.
Worst case scenario, have a few of the laborers pick it up and move it.
On two instances other half wasn't paid for work complete. First instance he took back the carport he built. The second instance he had all the rubble and stuff that the owner wanted tipped, placed in the shared access lane. Funny how the payment is prompt then.
That's easy then. When he goes to work, just hook a chain up to the car and drag it out of the way with the strongest machine on site. Drag it back before he comes home.
Seriously, whos responsibility is it to deal with the issue - yours or the owners? Do you have a project management contract in place?
And most importantly (now that it's Friday) what are you going to do about it??
We would all love to know the full story!
Kudos to you all, as this is a difficult situation. All of you came up with excellent ideas & lots of humour. As the PM to step back look at the light side of things is real important. an old timer told me one when trouble strikes, sit down, boil the billy & have a cup of tea; then act. there's wisdom in this.
As its a Right of Carriageway & there's a vehicle parked on it, you need proof. The best way to do this is get in a surveyor to locate the Right of Carriageway / easement & locate the offending vehicle. This way it documented. Willair got this part, so Kudos to you.
legal action in the form of a Court Action is essential. This needs evidence. AKA the survey. Many of you picked this well. These matters need legal action & fast.
Chilliblue's 8 year old son suggested sending them off for a holiday overseas. This is a great idea.
Winston Wolfe's suggestion about video surveillance for the rest of the project is a great idea as well. You don't want a neighbour on your site doing anything silly after hours.
Excellent effort & an enjoyable read.
Can Willair, Chilliblue & Winston Wolfe email me their postal address & I will send you a signed copy of Profit from Property.
Philip
As its a Right of Carriageway & there's a vehicle parked on it, you need proof. The best way to do this is get in a surveyor to locate the Right of Carriageway / easement & locate the offending vehicle. This way it documented. Willair got this part, so Kudos to you.
legal action in the form of a Court Action is essential. This needs evidence. AKA the survey. Many of you picked this well. These matters need legal action & fast.
Chilliblue's 8 year old son suggested sending them off for a holiday overseas. This is a great idea.
Winston Wolfe's suggestion about video surveillance for the rest of the project is a great idea as well. You don't want a neighbour on your site doing anything silly after hours.
Excellent effort & an enjoyable read.
Can Willair, Chilliblue & Winston Wolfe email me their postal address & I will send you a signed copy of Profit from Property.
Philip
Exactly!
Also the developer has either blown part of their payday by purchasing the backhalf only, or they've blown their advantage by selling the front half before completing the development, or if they are the landlord then why is a tenant causing such problems?
lmao, maybe in a third world country but this would most likely set back your development quite a bit.
A security guard has no right to enforce anything btw.
This is a really dumb idea.
You may find the neighbour to be a higher rank, or the area to be enemy territory, or much worse. You may find some "accidental" fires around your house. Or the AVO may be on you butt with police charges on top.
And of course the OP is making the assumption that the same method will work for someone else.
None of the above would work if I was opposing your development, I'd smile and wave watching you lose thousands of $$.
Oh gee I forgot, it's a thread about spamming a book recommended by another expert who cant answer questions, and contradicts himself regularly.
On a battleaxe block you may find that there is generally a neighbour on each side of the driveway. 2 angry neighbours is not better than one.
And while the land is yours, the road or driveway are public property.
So where are you in this whole process at the moment PT? Please tell us the factual details now that you've promoted your book.
yeh it does sound a bit like that and perhaps i am too use to how things work in the north west... a guy stole one of our work vehicles and is using it as collateral for a debt in dispute. another company leased out an item that was submitted for service whilst charging us rental on equipment that was dehired and is now pursuing legal action (??). another guy charged 3 times his quote for a job and when enforcing the debt it eventuated he is not licenced in his field (which he should be by law). I would have 20 such stories. Seriosuly legal action - you may as well go shout at the ocean. I have spent 4 years pursuing a guy for specific performance... legal action is ludicrously expensive, incredibly slow and there is no justice anyway
Knowing your rights, choosing your target & battles to fight
Ausprop you are absolutely right about legal action in many cases. From my experience legal action against people that have few assets or little to loose is a waste of time, money & effort. That’s why usually in lawsuits the ones with the deepest pockets are the best target.
In this case the difficult neighbour has wealth & interests to protect & probably has time constraints. The owner that is building has rights; namely unobstructed access. This is contained within a dealing registered with the titles office, shown on his title. An injunction supported by a survey from a registered surveyor of the vehicle parked within the easement makes this case black & white.
Unfortunately this project is only just getting started, so its early days. The neighbour poses as a risk to manage for the project manager. Mitigating risk is a key role of the project manager. Being very clear about your rights & taking swift action is critical. How this project plays out is not clear.
It’s certainly is not the ideal site. Because the owner has DA approval they have the right to develop. In the end it will get built. How efficient it will happen will depend on how well it’s managed.
Philip
Ausprop you are absolutely right about legal action in many cases. From my experience legal action against people that have few assets or little to loose is a waste of time, money & effort. That’s why usually in lawsuits the ones with the deepest pockets are the best target.
In this case the difficult neighbour has wealth & interests to protect & probably has time constraints. The owner that is building has rights; namely unobstructed access. This is contained within a dealing registered with the titles office, shown on his title. An injunction supported by a survey from a registered surveyor of the vehicle parked within the easement makes this case black & white.
Unfortunately this project is only just getting started, so its early days. The neighbour poses as a risk to manage for the project manager. Mitigating risk is a key role of the project manager. Being very clear about your rights & taking swift action is critical. How this project plays out is not clear.
It’s certainly is not the ideal site. Because the owner has DA approval they have the right to develop. In the end it will get built. How efficient it will happen will depend on how well it’s managed.
Philip
Congratulations on your book Philip
Yes I did buy it and read it and thought it was very good.
Well done
