Alleged damage to neighbours property when by previous owner

Discussion in 'Legal Issues' started by kaibo, 15th Mar, 2018.

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  1. kaibo

    kaibo Well-Known Member

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    Neighbour wants something fixed at they say their foundations were affected when the previous owner of the property was digging at our side of the boundary.

    Regardless of whether this was true (the claim and any damage occurring). Am I liable for damage that a previous owner did? or do I just hand them over the details of the previous owner and the neighbours can chase them up themselves?
     
  2. Tools

    Tools Well-Known Member

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    Not your problem

    Tools
     
  3. qak

    qak Well-Known Member

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    What if the damage was caused by issues (eg subsidence) during the construction of a retaining wall? I think more information is needed.

    Can you see that any digging or other work has been done on your side of the boundary?
     
  4. kaibo

    kaibo Well-Known Member

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    no retaining walls but some agi pipe was put in a while ago.
    Too bad for the neighbour as they built to the boundary (slighty over) and want to do maintenance and have to come on our land first (should have thought of that). "Sorry buddy that's trespass"
     
  5. lixas4

    lixas4 Well-Known Member

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    Note the neighbour may have some rights to come onto your land for maintenance. Check your title and see if section 12(2) implied easements under the subdivision act apply. To check this there will be a statement on the face sheet of your subdivision plan (if your title was created after 1988). If it's there then your neighbour can legally enter your land to do certain things, including maintenance.
     
    Stoffo likes this.
  6. dabbler

    dabbler Well-Known Member

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    I would not consider anything that had not been anything to do with me, but I see no reason to stop someone getting access to do repairs if they are being reasonable.....
     
    Joynz likes this.
  7. DaveM

    DaveM Well-Known Member

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    Previous owners prob told them to sod off and now they are trying to hit you up. I would politely advise that you arent liable for something the previous owners did, but try not to be an ass. Good neighbour relationships are worth maintaining