Meriton building behind my backyard, what are my rights?

Discussion in 'Legal Issues' started by kirags, 3rd Nov, 2020.

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  1. kirags

    kirags Active Member

    Joined:
    12th Nov, 2017
    Posts:
    30
    Location:
    sydney
    Hi folks,

    Just looking for some advice as we have got nowhere with the council or Meriton.

    We have a property that backs into new Meriton development. There is a warehouse in the land in which Meriton is building and it goes all the way to the boundary which means the brick wall of the warehouse is in the boudary and essentially is our fence.
    Decades ago the previous owner of our property built a shed and its roof is attached to the brick wall.
    Now Meriton will be demolishing this boundary wall which means it will be removing a wall from our shed and there will be no support for the roof. We asked Meriton to provide the necessary support for the shed prior to demolish the wall but they have denied.

    Just wondering what are our rights here? I understand that the shed was build up to the boundary which in today's standards may not be allowed but it could have been back then.

    To be honest I wound't mind demolishing the shed as it is old and there is a second larger shed attached to it but I don't believe its an expense we should have given Meriton is initiating the change.

    To top it all the tenants are now asking for $30 pw rental reduction which there is no way that shed would be worth.

    Also Meriton will be putting a temporary fence and wants to do that on our side of the boundary.
    I am attaching a couple of pictures for reference, please note the wall pannels and door were removed by the tenant (another issue).
    What are our rights? Shoud Meriton be liable for any expenses we will have due to this demolition?
    We will also suffer rent loss by the looks of it.

    Any advice will be highly appreciated.

    Thank you
    Kira
     

    Attached Files:

  2. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

    Joined:
    18th Jun, 2015
    Posts:
    23,504
    Location:
    Sydney
    Discuss with your solicitor. Its possible the structure is not legally constructed and Meriton are able to disregard its existence. It may even encroach on their property and you could be liable for costs. Generally in NSW a structure cant be built to the boundary and if its unapproved then you have no fall back. And any roof etc must be wholly within your land usually with a setback to avoid this issue. You acquire a liability for defects when you bought it. It doesnt mean its now an approved structure just because its been there a long time.

    Considering its of limited to no functional use by a tenant as it lacks any sides etc I wouldnt be entertaining a rent reduction as its not part of the dwelling and cant really be used as a shed.