Sub dividing - Neighbor creating problem

[firstmillion]

I have sub divided a block in Clearview, SA. One side neighbor is creating issues and told me that he will not let me build on the common wall. He is saying that the garage on the common wall will block sun light to his house and 2 windows. He even sent me a form 3.

I already have the council approval for the single storey house and when i talked with the council they advised me that i can go ahead and build the 2 houses. They advised me to send him form 3 back, saying that the development act overrides the fences law and the buildings are approved under the development act.

My question is : How far can he go and what are his options ? he has vowed to fight it to the end even if it costs him 100K . I want to start building asap and don't want any issues with the neighbor as well. The builder will need access to his property to build the wall.

 

[knightm]

i would be getting my permissions and communication with council in writing.

i would be checking in with my solicitor

i would be responding to the neighbours complaints politely and professionally but in writing with your next steps

accessing his property may be a sticky one?

surely he had a chance to object when the da was being assessed?

 

[DaveM]

He would have had his chance to object during the DA process. If he didnt, or council found no merit with the objection (were you required to provide shading diagrams?) then its tough titties to him, get the council to confirm you are OK to build, and start work!

 

[firstmillion]

He would have had his chance to object during the DA process. If he didnt, or council found no merit with the objection (were you required to provide shading diagrams?) then its tough titties to him, get the council to confirm you are OK to build, and start work!

He says that the council did not approach him to get his permission. As per our surveyor, his boundary is 30 cm in our land.

 

[DaveM]

He says that the council did not approach him to get his permission. As per our surveyor, his boundary is 30 cm in our land.

Ahh that old chestnut. They would have been advised by mail.

Them: But the council didnt tell me!
You: It would have been posted out
Them: OH.... you mean *that* letter


Council has approved it, get them to confirm that the neighbours objections can be ignored, and start building

Also did you have to put up a DA notice at the front of your home? Some councils require this as part of the notification process.

 

[lizzie]

surely he had a chance to object when the da was being assessed?

Depends where it is ... in our council area a complying development doesn't even go to the neighbours for comment and they have no say.

I'd refer the neighbour to council and let them deal with it.

As for the boundary wall - well - you can get the bricks laid from your side, but they would look like shiite on his without being cleaned ... perhaps you need to point that out to him.

 

[wylie]

A friend of mine bought a business where part of the shop wall (timber) was on the boundary with the next door house. The original owner of the shop and the owner of the rental house next door had a long running feud, but my friend was a brand new owner. When they bought the shop to install their business there, they asked the tenant's permission to stand in the yard whilst painting the wall - no problems - until the owner somehow found out. The owner flatly refused to allow a painter into the yard to paint the flaking timber wall.

They considered having the painter abseil from the shop roof but eventually the tenants allowed them in and out very quickly one day. I cannot recall what the legal answer was, but sometimes legal answers still don't work with a stubborn owner. I do know that the police were brought in and were on my friend's side.

All because the owner of the IP had a feud with the prior owner of the shop.

 

[brendio]

Pretty sure the Dividing Fences Act for Queensland allows access to a neighbouring property for construction or repair of a dividing fence. I imagine a wall on the boundary should be considered the same as a dividing fence under the act.

Agree with Lizzie that certain subdivisions do not require notice to be given to neighbours. I informed our neighbours of our development as a courtesy. It's always good to know where you stand from a legal standpoint, but it's much better to get a neighbour on side by talking to them rather than enforcing your rights through solicitor's letters.

 

[Aaron_C]

Agree with Lizzie that certain subdivisions do not require notice to be given to neighbours. I informed our neighbours of our development as a courtesy. It's always good to know where you stand from a legal standpoint, but it's much better to get a neighbour on side by talking to them rather than enforcing your rights through solicitor's letters.

It all depends. Some neighbours will never see reason no matter what you do - and these NIMBYs are best handled by the full force of the law to shove it in their face.

 

[wylie]

Pretty sure the Dividing Fences Act for Queensland allows access to a neighbouring property for construction or repair of a dividing fence. I imagine a wall on the boundary should be considered the same as a dividing fence under the act.

I believe that is correct, but having a legal right is no good in the face of a screaming banshee creating havoc .

I don't recall exactly what happened, but I do know the police were happy to come (and they did call in) to supervise and settle things down if it escalated. They clearly couldn't stay, but the law was on the side of my friend.

Their issue was what sort of retaliation the owner would take. They were nutters.

Nutters don't respect the law .

Anyway, it got painted, but I remember it was very stressful for my friends.

 

[firstmillion]

New development



I sent form 3 stating that : 'The application is approved and Development act which over rides the fencing act'. The legal Services commission says that I have full right to build the house on the boundary.
The finance is approved and the builder is ready to pour the slabs and asked me to remove the fence.

I have offered the neighbor to put a temporary fence to protect his property. Haven't heard from him, but i guess the answer will be a BIG NO... i assume it then becomes a legal civil matter. Any suggestions how to handle this guy .

 

[RightValue]

One would assume that you are quite within your rights to remove a structure within your land.

If the fence is 30cm within your land just remove it.

Worst comes to worst you just have to replace a little bit of fence.

Are you building to the actualy boundary or the existing fence line?

Frankly I would just ignore the neighbour and go ahead with the building.

 

[Player]

Youve had great opinion already by others. I also would ignore and proceed.

If you need any sort of mediation perhaps your neighbour requires a problem solver

 

[Aaron_C]

Youve had great opinion already by others. I also would ignore and proceed.

If you need any sort of mediation perhaps your neighbour requires a problem solver

Have you seen Mr Gatto's business card? It's called Mediators and Arbitrations Pty Ltd

 

[Ian (WA)]

Typically, Councils in SA do not invite neighbours to comment and nor do neighbours have the right to attend & comment at Council meetings.

If the development proposal is a "Complying Development" and is approved, then neighbours have no say whatsoever, period!

The DA overrides everything and you are free to build on the boundary as per your DA.

What you had to do was send out a letter of intention to build to all adjoining neighbours. Your builder could have done this for you early on.....too late now though.

Where you have innocently left yourself open, is by not having the fencing removed by the builder.....it is not too late if you agree to a VO of contract and are prepared to pay the builder a premium (to me this would be sensible as you are removed from having to deal with neighbour, unless of course you chase him for 50% of the cost of building the new section of fence in a "suitable" product). You might want brick, but he only has to pay 50% of cost for basic corrugated iron.

At the end of the day, your neighbour doesn't have a leg to stand on; he cannot stop you building. If he refuses to pay for fence, you can pursue him through litigation if you wish. I don't know if chasing him for 50% of a "suitable" fence is worth it.

Hope the build goes well.

Ian.

 

[firstmillion]

If the fence is 30cm within your land just remove it.

Worst comes to worst you just have to replace a little bit of fence.

Are you building to the actualy boundary or the existing fence line?

Frankly I would just ignore the neighbour and go ahead with the building.

The fence is approx 20 cms in my boundary and i am building on the fence line. I want to replace the fence at my cost so that i can have as high a fence i can .

 

[firstmillion]

Done it

After i responded neighbour's form 3, he called me and after giving me a sob story, he agreed for me to bring down the fence and start building. However, he refused to sign on the paperwork . Weirdo...

 

[firstmillion]

Bowed bricks

1 of the two houses is bricked. The bricky has done a neat job, however, the bricks are bowed. Some are bowed more than 1 mm and the wall looks wavey. I asked the supervisor and he got the rep from PGH. the rep told justified the bowed bricks and said since it's a clinker (red clinker), they will be bowed as they are placed one over the other in kiln.

This is my first time and not very convinced with the reps reply. I have never seen a house with bowed bricks .

 

[sanjayag]

Typically, Councils in SA do not invite neighbours to comment and nor do neighbours have the right to attend & comment at Council meetings.

If the development proposal is a "Complying Development" and is approved, then neighbours have no say whatsoever, period!

Ian.

I don't think that is true. My council in SA sends out letter to all the neigbours even when I was installing a carport on my property.

Regards
Sanjay

 

[pennyk]

I don't think that is true. My council in SA sends out letter to all the neigbours even when I was installing a carport on my property.

Regards
Sanjay

we did a complying development in NSW, and neighbours were not informed
(my family owned the neighbouring properties, so I'm pretty confident about that!)