Zero boundary bungle

Advice pls from some legal eagles or builders.
I have built a duplex and have been in possession since March and am still in the middle of the stratatitling process. I have spent $2910 so far for surveyor and council application costs.
A duplex has also been built next door to us with a zero boundary. The neighbour has informed me that apparently his building is encroaching on my property. 35mm of flashing, 22mm of one corner of his garage and 7mm on the other corner of his garage. Only small amounts so we decided with the surveyor that the best solution and the most cost effective for the builder would be to do a boundary realignment. This will mean however that I will have to start the stratatitling process again. Legally, shouldn't the builder reimburse me my costs as it was their bungle? It was the same builder who completed both duplexes. If he doesn't see it that way, what recourse do I have?

Thanks Belleran
 
"pull down the house and start again."
said seriously or not, do with as you wish. the builder's opinion does not matter, the costs of moving/rebuilding the other house will be way higher than your costs.
You can insist
 
I have seen this happen a few times. One case went to th esupreme court of Vic over a few inches. The units had to be pulled down and the builder went bankrupt.
So I would say none of this is your fault and you really can do what ever you please.
Lyfes a Beach !
 
I would think that the builder would be falling over himself to keep you happy and that would include reimbursing you for these extra costs.
 
you can agree to not allow the encroachment in which case your neighbour will need to modify his buildings so they don't encroach.

Or you can agree in which case it will be noted on your neighbours title and your title. You can also agree to the encroachment but limit it in it's height so that the next owner can't extend on the encroachment.
 
Thanks for your responses. I am certainly not wanting to make life difficult for the builder unnecessarily. He has rung today and wants to make an easement rather than a property realignment. I have no idea which would be the preferred option. My main concern is when I sell, will this be an issue for the buyer? Surveys are not done here in Qld as part of the buying process but I am sure the word 'easement' evokes a negative response in prospective purchases. I have spiken to our local council engineers and they are yet to get back to me. Anyone have thoughts on the best way to go short of making them pull the whole building down?
belleran
 
I would suggest a boundary realignment is better as most probably wanting they are wanting to put a party wall easment on both properties. I would ask for full re-inbursment (up front) of costs plus compensation including consideration for time lost as it may lenghen your subdivision approval. 22mm is bugger all though, must be outside the tolerances set for Land Surveyors.
 
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