Profit from Property

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.
Thanks for the kind offer of your Book and well done after ten years to have it out in investors faces,
But as i have ordered your Book a few days ago and it will be here in the afternoon,maybe you could pass it on too some of the other people that have helped you,i'm looking foward to sitting down and reading the book..
 
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Thanks for the kind offer of your Book and well done after ten years to have it out in investors faces,
But as i have ordered your Book a few days ago and it will be here in the afternoon,maybe you could pass it on too some of the other people that have helped you,i'm looking foward to sitting down and reading the book..

Kudos to you Willair. Enjoy the book.

Chui your response was also excellent. This is a good negotiation approach.

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.

If you send me a postal address I will send you the 3rd copy of Profit from Property that Willair has kindly donated.

Philip
 
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 :cool:) 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.

NigelW thank you for the constructive feedback on Profit from Property.
 
Hi Philip,

Where would be the best place to order the book online with an overseas delivery address?

Some of the websites i've found so far all have your book "out of stock"?

Cheers

Rooster
 
Profit from Property - online

Hi Philip,

Where would be the best place to order the book online with an overseas delivery address?

Some of the websites i've found so far all have your book "out of stock"?

Cheers

Rooster

Hi Rooster,

There are quite a few groups carrying Profit from Property. Try searching via ISBN: 9781742469461

You can go direct to the publisher Wiley's (who are global)
http://au.wiley.com/WileyCDA/WileyTitle/productCd-1742469469.html

or try many of the online bookshops like:
www.propertybooks.com.au/
www.boffinsbookshop.com.au/
www.dymocks.com.au/
www.booktopia.com.au/

Let me know if you have difficulty & I will see what I can do. I also have a few copies in the office, but for OS, online may be more efficient.

Kind regards,

Philip
 
Phillip

Congratulation on the book. If the book is as well structured and thoughtful as your experienced and informative posts on this forum it will be well worth the read. I am not tight so I will just buy the book and review.:D

Now for the issue at hand. Restricting access to a property through a shared access roadway is against the law. It is enforceable. Should someone injure themselves and emergency service can not reach the site and the object (car) wilfully placed to block access can make the object owner culpable.

Point this out to the owner in writing.

A shared driveway for all purposes IS A ROADWAY (at least here is SA) and road laws apply as do council rules. The problem is that unless you can argue that the offending vehicle is impeding traffic flow the police can not move the car. As it is not stolen they can not remove it either. They can fine the owner. Ditto to the council.....unless the car has been abandonded.

As for the resolution I can only tell you what not to do. Do not move, attempt to move or drive his vehicle in any way. You can be charged with "illegal use" (again here in SA). Yes I have first hand experience and it cost me $4k in legals. The resolution was yellow lines were marked in the driveway and no parking signs put up.

Knowing all this is where you have to get creative. As everyone know's bulding sites are known for stray nails, use them. Just make sure he is not recording the process. Alternatively pay a street kid $100 to steal the vehicle burn it.:D Insurance does not like cars left abandonded not garaged. Keep the process going. He will get the message sooner or later depending on how smart he is.
 
Great read and I enjoyed the use of real people as examples.

It is a good addition to my current reads and it focuses on the development side.

Many thanks.
 
Hi Philip,

Would you mind signing a copy and sending it to Brisbane for me to read and review from a small time developer's perspective? If you're happy to do so, then let me know by PM where I can wire you some money for it.

Sounds like a great read and I am just kicking off the physical construction of my multi-unit development and will no doubt have all sorts of interesting challenges ahead through the build. At least its now a fixed price contract so a lot of my risk is mitigated. I'm sure your experience would stand me in good stead.

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

Philip

So what did you end up doing?

Obviously the first step is negotiation

Then mediation perhaps with a council representative.

Finally legal advice.

I think it would be counter productive to do anything illegal or unfair - after all you need to build a long term relationship as neighbours. Unless you are the type who never meets their neighbour or even says hello over the fence.

At the end of the day he is not allowed to block the shared driveway.

I am actually about to start building a new home on a block with a shared drive in the New Year.

I have met Boris next door three or four times now. He is in his 80's. The first time I took both my daughters and my dog and made sure he knew we were a family moving in next door. Boris actually embraced me as he hated the guy I bought the old house from. Each time I see him we have a long chat about his vege garden and his health (Boris is 80+ and Bosnian). I make sure I update him on whats going on.

I have some uni students squatting in the old house until the end of the year and I made sure they were to always treat Boris well. From what I have heard, one of the African students and him are great mates and chat often.

So I have this very situation and fortunately the neighbour is very happy. Partly because he hated his old neighbour - who just didn't treat him nicely, from what I saw he just dismissed him as a silly old bugger with bad english.

I think deep down most people are amicable as long as they feel they are being treated with respect and kept in the information loop - as it affects them.

I will be keeping an eye out for your book in the shops.

Cheers,
 
I am actually about to start building a new home on a block with a shared drive in the New Year.

I have met Boris next door three or four times now. He is in his 80's. The first time I took both my daughters and my dog and made sure he knew we were a family moving in next door. .........

Simon what you've done here is the best approach. Get on with your neighbours as much as possible. While it doesn't guarantee a smooth build it certainly paves the way for optimum conditions.

This is far better than dealing with your neighbours via the courts & a solicitor. At the end of the day you or some other people will have to live in the property on completion. No one wants to live next to an angry neighbour, as they can remain disgruntled until either you or they move.

Picked up a copy today Philip, looking forward to reading :)

Hi Rickardo, hope you enjoy Profit from Property.

Philip :D
 
Wow, I am going through a similar situation at the moment. We have been contracted to build a three story apartment complex in Annerley. It also has a easement driveway. On my first visit to the site I decided to drop in on the neighbour to have a chat and introduce myself as the builder.

I spent a good two hours talking to him about his business. He showed me some of his old antique machines that his grand father used to use. Before I left I got to the point and we briefly discussed a party wall issue that needed resolving. You see, the owner had hired a demolition company to demolish the old building and they ripped down a common party wall about three years ago. This became a sore point between the two owners so it was imperative that I was able to win his trust. What we also discovered was that the party wall bricks where straddled across the boundary. The architect had positioned the building right on the boundary which means the party wall has to go.

So my solution to the neighbour was to demolish the party wall and the new dwelling wall will become the new party wall located entirely on our side thus giving him back some valuable land.

This is where I left things last week and he is considering my recommendations. He seemed open to the idea and we also discussed some minor rectifications to his dwellings as well.

The good thing here is that we are dealing with a reasonable person who is willing to talk despite earlier problems.

Congratulations on your book Philip. I had similar aspirations however, I never got motivated to carry it through.
 
Just want to get some advice here on where I stand and what I should do.

I went by my house on the weekend (one I've bought, but not moved into yet) and the shared driveway was a completely mess!

The neighbours next door and doing some renovations, as a result there is a tonne of dirt at the back of the yard. They've got a bobcat or something in, driven through the shared driveway and excavated most of the dirt out.

Problem is that they've also left a crap load of dirt (from the bobcat's tractor wheels or whatever you call them). This is all over the driveway and there is no where for me to walk without slipping on it.

Now I'd like to think im being reasonable, I don't mind them making a mess because thats just how construction is, but at least clean the crap up before you leave.

Am I being unreasonable here? Because it looked like my place was a frikking construction site when its not. :mad:

Right now im very tempted to get a cheap banged up car and park in the shared driveway.
 
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