Developer erected his fence within my yard, costing me.

IP house Gold Coast. I'm in Sydney, so can't go there. Developer is building behind the property and has put up temporary fencing, within my own yard, without consent. Trespass, privacy and safety issues here. Tenant is very concerned and will break lease.

I have called council, who looked to push the problem to the police, claiming it was an issue of trespass so not really their problem. I have lodged a report with council anyway. I have spoken to developer at the outset where this was never mentioned, and he struck me as a guy who likes to try things on.

What to do? Need some leverage to get this cowboy to compensate me.

He is also apparently going to dig a basement right to the boundary May crack my concrete pool. Have done a delapidation report.

 

So where is the boundary? And how far into your property is his temp fence? Since it’s a temporary fence it can be easily moved!

 

What did the developer say when you asked them to move the fence?

 

That white block wall is the boundary wall. The fence is 1-3m within my yard, all the way along the boundary. I have not spoken with the developer about this yet. Only briefly prior to the commencement of any works.

Perhaps it can be moved, perhaps it can't (given their plans to build to boundary). Either way, given the encroachment, my tenant will be long gone.

 

Has a boundary survey been done?

Sounds like you need to talk to him about the issue. Perhaps he doesn’t need to have the fence so far into the boundary?

Perhaps he could erect a solid fence? Ply sheets on a frame are commonly used here.

 

I wouldn't want that inside my boundary. I think I'd want to first see the plans of what he's building, and then maybe seek legal advice.

 

Please ensure you keep a copy on your file for next few years (until development is completed)

If you are concerned about your pool, you can always request engineering drawings from developer. You can engage your own structural engineer to review them.


I am not sure about current rules in qld, but most likely developer will have to cover your cost for structural engineer.

 

Wow, tenants over reacting much
The site manager would likely have approached/notified the occupants prior.
On what grounds are the tenants claiming break lease ?
(Not like they ever close that gate with the creeper growing up through it !)

Also doesn't look like an area they are using daily, and the fence is there for "their" safety !
(at least your lawn is maintained )

Whomever you spoke to at council don't know and just couldn't be bothered....
You will find the temporary safety fencing is a state building requirement (1.8 high) around the site, and as there are palms and the block wall in the way it is to be placed "as close as practical" to the boundary and they are allowed to do this (in most states).

When you say "basement" do you mean underground room ?
Most buildings are inside their boundary by a small amount, so unless you have terrible ground it will not be affecting your pool (did the fence fall over when your pool was dug out ?)

 

What’s the vacancy rate like in the suburb? With the ways things are on the Gold Coast I’d be surprised if the tenants chose to leave over this (unless they were going to leave anyway and this gives them an excuse). They would really struggle to find another property. Nevertheless this would put me offside if I wasn’t consulted prior and came home one day and just found it.

 

Where's he supposed to put the temporary fencing though? It looks like they'll be knocking that old wall between the properties down so probably best to have it where it is?

 

Good point, the old brick fence doesn't look like it meets pool requirements anyway !
What are the requirements in Qld ?

 

Since the pool isn’t in any of the temp fence photos it seems like it may be far enough away to not be affected.

 

Has the builder heard of shadecloth if privacy is the issue?

It's a temp fence, there's no trespass or inconvenience.

FWP.

 

If that's the pool edge & pool fence in the last photo - did they remove some of the pool fence? Or was it non-complying anyway?

If I was the tenant the thought of construction up to the boundary would put me offside too. Basically no privacy for at least months.

 

Sounds like a piece of work next door.
Keep us posted and report back.

 

If the tenants child was injured because it was unfenced they would complain. Its is temporary fencing to make a worksite on a boundary safe. The tenants likey have insufficient grounds to break a lease and construction next door isnt sufficient even if a fence marginally encroaches. Thats the issue. The inconvvenience and ...noise etc. Tough luck. . How is your PM managing that Or is a self managed tenancy?, in which case you need to manage it so they are aware that braking the lease will cost them. You may need legal advice if its self managed.

 

Closed this out to everyone's satisfaction. Will leave as a tip for anyone in a similar predicament - what you need is an access agreement. My solicitor put one together - involves financial compensation, indemnification, disclosure of insurance etc.