Builder next door dumping soil and rubbish all over our Land

Discussion in 'Development' started by P1ngu, 4th Oct, 2018.

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  1. P1ngu

    P1ngu Active Member

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    Hi all,

    I wasn't sure which topic to post under but since it concerns land I've put it here.

    Our builder has got in touch to inform us they want to start our build soon, but have found all the next door neighbors soil and rubbish all over the block, pics are here.
    As you can see its quite a bit, and the fence has even been pushed in. We have tried to contact the builders but they are not responding to our messages.

    I've read about contacting the owners and telling them that if their builder doesnt remove it, we will remove it ourselves, and bill them for it. If they don't pay, we could put a lien on their property.

    Is this possible or is there any other recourse to this? We don't want to have to pay thousands of dollars for some other builders rubbish!

    Thanks.
     
    Last edited: 4th Oct, 2018
  2. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    You could tell them anything, but what you have to consider is whether it would be lawful and enforceable. Not sure how you could put a lien on their property though?
     
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  3. Joynz

    Joynz Well-Known Member

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    Can you prove it was from the neighbour’s build?
     
  4. Francesco

    Francesco Well-Known Member

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    Discarded soil in the area would be common to the whole area. In a new suburb, it would be difficult to identify where the discarded soil came from. I know it is bad form of builders to dump their rubbish on vacant lots but it seems like the practice is ingrained among them.
     
  5. datto

    datto Well-Known Member

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    Don't pay your share of the fence till they remove the soil/rubbish.
     
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  6. Tufan Chakir

    Tufan Chakir Well-Known Member

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    If you can prove it came from next door - get legal advice...
     
  7. EN710

    EN710 Well-Known Member

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    If you know which builder it is (and have proof), give their office a call and email them as well.
     
  8. datto

    datto Well-Known Member

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    ^^^^ If they are associated with the fellas dumping asbestos near schools, they'll probably just hang up on you.
     
  9. Jara

    Jara Member

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    Builders & Demolition/ Excavation companies do this all the time in new estates. You have to be very careful to ensure your site is secure.

    I am sure the builder next door has done this numerous times and gotten away with it which is why they are not responding to you. Unless you have photo evidence of them dumping it on your property then you have no way of proving it was them. They are smart enough to know this.

    I recommend removing all the building waste on top of the stock pile of soil and have your builder remove the soil themselves. From the photo it looks like you have minimum of 2 - 3 12T loads that need to be removed at approx. $400 per load (this is an approx. Sydney rate and as long as there is no asbestos in the soil). Pay the $800 - $1200 and save yourself the headache.

    Make sure you have good fencing between you and your neighbours to prevent this from happening again. If other builders see your site being used as a dumping ground they might just do the same thing when no one is around.

    May be also a good idea to put up a camera as well to deter the neighbour and others in the area.

    Best of luck
     
  10. d_walsh

    d_walsh Well-Known Member

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    One might assume the neighbour wants it all back... it would be remiss of you not to do the good deed and return it...
     
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  11. Redwing

    Redwing Well-Known Member

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    Contact your local council and give them details of issue and builder also, them contacting the builder direct may assist

    If the builder decides to be a d*** though you will need proof, i.e. footage or neighbours may have seen them
     
  12. Westminster

    Westminster Tigress at Tiger Developments Business Member

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    I've found many a delivery docket/invoice/delivery lable stuck on stuff in the rubbish which helps show who it belongs to.
     
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  13. willair

    willair Well-Known Member Premium Member

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    Maybe a camera set up somewhere would help you sort out the problem..