Profit from Property

[Ace in the Hole]

Looks like "talking" to the neighbour is not going to work here...
Is he actually the owner of the house?
I'd guess so otherwise he wouldn't be so defensive.

Is it some kind of battle axe block, or some kind of narrow but deep block which is divided into separate titles?
Apart from the legal methods already mentioned, I'd be looking for alternative access.

I'd be looking to go from either side if possible.
Speak to other neighbours about getting access by removing some fencing to get through to the yard.
Obviously compensation and make good any damage would be offered.

However, even when the job is finished, you will still have the neighbour from Hell to deal with, and the shared driveway....
Looks like alot of legal fights coming.

 

[tez]

Serious reply:

Try to talk to neighbour, that hasnt worked so drop a letter to the neighbour and determine what is getting his knickers in a knot. If that doesnt work, then speak to a solicitor, police etc

Or as someone else has said, try and get alternative access through another neighbour

THEN once alternative access is gained, buy a $200 car and park it behind the neighbours car for the next 1.5 years.

 

[.toe]

The neighbour obviously thinks he will stop me building with this tactic. But we will inform him that we don't need to clog his driveway, we will create temporary alternative access and start using the site that way, He then may be more willing to have a friendly conversation about his grievances.

 

[Philip Thomas]

Outstanding responses & some very humorous.

Here are a couple more points:

There is no alternative access to the site.

Towing the car is not possible because its on private property (it's a shared driveway).

The adjoining owner has signs up warning truck drivers not to use the drive otherwise they will be liable for damages.

Philip

 

[Think Tank]

If there is no alternative access and no chance of reconciliation. I would organise the trucks which deliver the site goods; long arm loader cranes or possibly hire a mini tower crane. I saw this been done with a new construction in an already built out strata complex. For concrete you can hire pumps and piping which cranes can lift.

Now it’s a simple process. The truck pulls up on council street. Crane picks up goods and lifts over amicable neighbour’s side. This was agreed to prior in a contract for a negotiated payment and warranty of any damage.

Problem fixed! Give me another…

 

[boods99]

A similar scenario happened to us.
After discussions with the local council, it turns out that the neighbour can not refuse reasonable access to enable the construction of an adjacent property.
At first, you need to talk nicely to him, and if this doesn't get you anywhere, go to your local council who will send someone out.
I would not worry too much about the ongoing relationship with the neighbour as it sounds like they would be a PITA to live next door to anyway. If it's not this issue, they will always find another reason to complain.

Boods

 

[INVSTOR]

Towing the car is not possible because its on private property (it's a shared driveway).

Do the nail under the tyre trick, he'll soon get sick of repairing the tyres and decide to park somewhere else

 

[mary&mat]

Suggest 'official' meeting with owner, builder & neighbour. (Makes neighbour feel important & gives him the much needed attention he is obviously craving.)

Provide scones, cakes, sandwiches, soft drink/beer. (Will be harder for neighbour to be angry after accepting this hospitality). During this time, build common ground...oh, your family comes from Shepparton, so do mine; oh you smoke, wanna nip out for one etc etc endless opportunities.

Assuming his immediate 'want' is for the building not to go ahead, determine 'actual' want...ie jealousy, bitterness, protective of his neighbourhood's feel & doesn't like your monstrosity towering over his tiny weatherboard etc.

Find a way to sell the building of the house to him that satisfies his want/s too. Eg, offering to repave 'his driveway' at the end of works.


If concensus can't be reached, sling some wayward teenagers a $50 & have them drive the excavator machines over his house...rebuild will take at least a year!?!

 

[willair]

Some excellent suggestions here oh how to deal with this neighbour dispute at the start of development construction.

Here is another turn ......

You builder to start the project off well just knocked on the neighbour’s door to introduce himself. After all the builder will be a neighbour on site for 1.5 years. The neighbour went ballistic & told the builder to f-off, that this building will never get off the ground!!!

The builder copping a bucket load of abuse, turned around & walked away.

As the owners representative PM with a car blocking site access, what would you do????

Philip

The first thing i would be doing is finding out who you are dealing with, then have a surveyor just check to see if everything is 100% in line ..
These people would have had time to complain if everthing prior to the start of the building has been done,but one item stands-out if it's going to take 1.5 years to build then the problems have just started..willair..

 

[NigelW]

If you have read Profit from Property I would be really interested in your feedback & comments.

I have skimmed it on a plane and it's sitting on my "detailed read" list right now. From what I have read I think it's probably better than Ron Forlee's books and may well be the best Australian book on property development currently available.

Perhaps the "teacher arrives when the student is ready", but where I'm at it's exactly what I was looking for.

Well done and thanks for sharing your knowledge with us all.

I think it would be really helpful for our forumites (me included ) if you could work through in as much or more detail than your book covers a small development case study.

Things like how to estimate development and construction costs for back of envelope through to detailed feasibility study. Who, how and when to engage various consultants etc.

Again, well done Philip. From my reading so far your book is far better than most of the dross out there.

 

[virgo]

Book

Hi Philip

I found your book very informative; it is a step up for a investor with a few properties under their belt and wants to try out a small development....well done on a great book; it must have taken a lot of hours for you to write the book; it is definitely not your average light and airy book that is gracing a lot of book shelves these days......

Well done again and i will keep a book as a "reference" book when the time comes for me to try out a small development.

Cheers

 

[Ace in the Hole]

Ok, here is a guaranteed strategy which will work !!!
Provided he is:

• A man
• Not gay
• Does not suffer from erectile dysfunction (viagra use ok)

Hire a hot, really hot sexy woman to knock on his door.
She must be dressed in tight, figure revealing, aluring clothing.
She should act very innocent and helpless.
She should introduce herself as his new neighbour (wife, daughter in law, new from overseas, boarder, etc, whatever fits the story), and she will be living in the new house when it is built.
She could even give him a taste of what he may get in future, seriously tease him (this is what she does and is paid for, full service if required).

Once he gets a taste of this, he will do anything to let the development go ahead as fast as possible so his friendly, sexy hot neighbour can move in.
She could show up a few times during development to keep him excited and make it believable.

If this fails, he is not a man, he is a child.

 

[Rolf Latham]

Hiya

Sorry, wouldnt work with me...............then perhaps im a child

ta
rolf

 

[Bargain Hunter]

Ring his mum and tell her that he's been a very naughty boy.

Or.... http://www.autoblog.com/2007/01/18/construction-worker-moves-maserati-with-forklift-flippage-ensue/

 

[willair]

Ok, here is a guaranteed strategy which will work !!!


Provided he is:

• A man
• Not gay
• Does not suffer from erectile dysfunction (viagra use ok

If this fails, he is not a man, he is a child.

You know if you read into this,it's a very simple problem and one I have had to deal with many times,if this is a upmarket site in the high-end entry levels then next door will have their own ideas on what they think can be built,in the real world it means stuff all,don't tal;k too them at all
just get on with job..

BTW,The Lady at the front door would not work in my small street i livein most of the street are all Gay Men,I'm the only straight Man
in the street ,but very good people to live next too..
willair

 

[Philip Thomas]

Hi Philip

I found your book very informative; it is a step up for a investor with a few properties under their belt and wants to try out a small development....well done on a great book; it must have taken a lot of hours for you to write the book; it is definitely not your average light and airy book that is gracing a lot of book shelves these days......

Virgo,

Thank you for your feedback. Yes the book took a mega effort. It was 10 years in the making, 2 years in the doing, with the final 6 months @ 7 days a week + work responsibilities. Much appreciate your efforts.

Re Neighbour negotiations

Some outstanding, creative dealing with the difficult neighbour solutions here & some excellent humour.

PS in case you’re wondering, this situation is real.

Philip

 

[mary&mat]

The only other suggestion I can make is if the man is blocking access/egress onto the property, the Council may be able to intervene as emergency vehicles need access if someone is injured or if there is a fire.

 

[RightValue]

Be nice. Share the driveway with him.

Get an excavator. Park the body 1 foot behind one end of his car and rest the wide bucket 1 foot behind the other end of his car.

Set up a camera to film in case he casues wilful damage to the machinery.

If he gets his car out somehow, repeat again as necessary.

 

[Piston Broke]

If the parking continues, do it, get vehicle towed.

Not that easy, you cant just tow away a vehicle on public property.

If they continue to be obstructive then arrange for a forklift to move the car and advise the neighbour that the building will continue with or without his support.

The legal action will be against you if you do this.

With all due respect Mr Montek I dont think you or anyone else has all the answers to someone who is very determined in delaying your develpoment.
And a stationary car on the road is not necessarily parked.
Yes, they may not be able to stop it, but delays are very costly and an unhappy neighbour can cause a lot of expenses.
There are many other ways to cause delays, and rarely do construction site workers follow all rules and regs making them easy targets.

Set up a camera to film in case he casues wilful damage to the machinery./QUOTE]
And if they do the same sending workcover complaints and evidence of broken OH&S rules every week and the other silly things that tradies will undoubtedly do?
It's nice in theory.

 

[Ausprop]

legal or not, I would use a forklift or just drag the car out of the way. Put up no parking signs and station a security gaurd to enforce it. This cost will be high... but you can just hire backpackers in a set of blue king gees and a badge sewn on the sleeve.