Neighbors built on my land

Hi all,
Have had a survey completed, has shown neighboring development is encroaching onto my land.
Have discussed with builder/owner to no avail.
They are cowboys, boundary fence was torn down without serving notice to fence(or any notice). Excavations for footings effectively rendered my driveway unsafe to walk along let alone drive along however their RBS did nothing etc.
Slab has now been poured and footings are encroaching, brickwork will too once wall construction commences.
Has anyone experienced similar, what have you done in such situation where other party is not interested to follow due process or engage in dialogue.(Have already sent lawyers letters etc)

 

Have you notified the council involved?

 

Sometimes you need cowboy tactics to counteract the same, get the boundaries clearly repegged and then send in a siteworks or demo company with instructions in to clear everything on your side of the fence

 

Move into that part of the house that encroaches on your land. And tell them to keep the noise down lol.

 

Yes, about as helpful as you know what on a bull

 

How confident are you about your survey ?

Maybe the neighbor or their builder had a survey done and are confident that they are in fact in the right and you are incorrect

Have you shared your survey with the RBS ?

 

Then get an injunction from the courts.

 

It may also be that the builder has made a mistake and is pushing forward regardless.

I would share the survet etc but I would also physically mark out the boundary using spray paint including any encroaching structures. Is there a temp fence?

 

Yes temp fence is about 250mm on my side but not the end of the world, far more concerned about the permanent structure

 

Yes have shared with their RBS and them again to no avail. They have made it abundantly clear they are not interested in following due process. It may be time to use an approach as outlined by @datto

 

This, and possibly barrier/caution/biohazard tape (As purchased from local safety shop)

Also EMAIL (paper trail) your surveyor and let them know what is occurring (just in case they have any doubts about their survey ) better to ask them prior to being proven wrong

You could put up temporary fencing even, or park a car in the way to force their hand to acknowledge things, ultimately if it's only 100mm encroachment they may be hoping you go away (because digging up/removal/disposal of the existing slab and re-pour could amount to $60k = a loss on the build !).

* the laws surrounding removal of a vehicle make it VERY difficult for the landowner to remove (just ensure it has a dashcam so they don't try and drag it away/damage yoir vehicle)

 

Send it to then in writing or email. Try again. If no response then take it to VCAT.

Also get the boundary survey. If they have encroached it's a mistake they will never forget because you can rip it up.

 

Am just hoping the OP doesn't have to incur this expense

Though imagine if @Silverson did demolish to survey boundary, only to later be proven their survey was wrong

 

@lixas4 may be able to weigh in on the process that needs to be followed.

 

I would be concerned if they put a fence on my land to give them access to build on my land. Move the fence.

 

In VIC the dispute settlement centre may be able to assist and guide process as its not a mere fencing issue

 

Dispute settlement is shut to deal with rental disputes only at this moment

 

Construction and property expertise required.

 

I agree that moving fast and formally via legal route is correct.

But in parallel, deny access to your property where they are using this to your disadvantage. This does not have to be confrontational, just matter of fact.