Neighbour boundary works on my land

Discussion in 'Legal Issues' started by filipe, 27th Dec, 2017.

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  1. filipe

    filipe Well-Known Member

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    I am between exchange and settlement on a property. After exchange, the current vendor approved the neighbour to come in and excavate a large trench in my land (not mine yet, but will be soon) - 10m L x 0.5m W x 1m deep to repair their foundations (nobody told or asked me). Property is in NSW.

    However, the neighbour dwelling is built zero boundary, so the dirt they are digging up is the backyard side of the house I am buying , to pump concrete underneath their house to fix foundations and make it stronger. No survey or council approval was done, and it isn't an exempt development according to what I read.

    I am worried their concrete will protrude past the boundary line into my land, given no peg out survey was done based on the way they dug the footings, it looks as though they plan to do this and then cover it up with dirt so it can't be seen (they weren't expecting me to drive past and see this happening).

    Am I over-reacting or does it seem I have legitimate concerns? I thought there was a rule that the condition of the property cannot be changed between exchange and settlement and I am in shock that the vendor would let the neighbour do this in this time period, the property is vacant. I don't want to get off on the wrong foot with the neighbour but I also don't want them using my land without permission to have their footings on it. My house is 2.5m away but one day I may want to build zero boundary too along there?

    The neighbour assures me that they confirmed with builder there will be no protrusion to the boundary (said they don't want that either) and the works are occurring only under their house (except for the excavation). But there are no plans, no info of who doing work etc so I just have to take their word for it?
     
    Last edited: 27th Dec, 2017
  2. Scott No Mates

    Scott No Mates Well-Known Member

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    Speak to your solicitor. At the very minimum a boundary survey should be commissioned to ensure they are only excavating your side for access to the footings.

    @bmc?
     
  3. Anthony416

    Anthony416 Well-Known Member

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    I feel the vendor should have also told the neighbour that they should seek your permission. Possibly the neighbour assumed that you were informed by the vendor and that you consented?
     
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  4. Joynz

    Joynz Well-Known Member

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    Not a direct response to the OP, but I wonder if an owner really has the right to refuse to let a wall be strengthened in this type of situation?

    If so, it would be a bit of a problem for property owners needing to have this work done to preserve their property condition - and potentially for safety reasons too.
     
  5. filipe

    filipe Well-Known Member

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    the neighbour seemed to think because I am not the owner (yet) I have no right to input...but does seem to at least be willing to answer my questions etc so I guess it could be worse.

    I personally have no issues with letting them access and strengthen their foundations but I just don't want corners to be cut especially relating to the boundary.
     
  6. wylie

    wylie Moderator Staff Member

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    I would speak directly with them and tell them this...

    Better to be direct and honest as this relationship needs to last a while. And assuming the worst is likely wrong. They might be just as worried about you as you are about them.
     
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  7. bmc

    bmc Well-Known Member

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    @filipe
    i'm not sure of the legal ramifications (if any) in regards to allowing contractors access to a property that is under contract of sale, but i guess technically you don't own it until the titles are exchanged and settled in LPI (now called LRS). however I note your comments and agree with others in seeking legal advice

    It appears your new neighbour is aware of the possible consequences due to encroachment of the concrete footing. (...maybe) but assuming you did not get an Identification Survey done prior to purchase I recommend engaging a Registered Land Surveyor to define the property boundary and have it marked in the vicinity of the works.
    The adjoining owner should have done this and is running a huge risk.
    Consult your solicitor, they may be able to coerce the vendor or neighbour to have this done at their expense.

    if the new structure is encroaching the property boundary then the adjoining property owner will require an 'Easement for Support'. over your property, which involves a Survey Plan and Sec88b lodged at LRS. Titles produced at LRS, signatures from mortgagees etc etc.
    if it ever gets to this point, it will cost several thousand in Survey fees.

    regards,
    Land Surveyor
     
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  8. Stoffo

    Stoffo Well-Known Member

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    You have a good attitude to this currently, lets hope it lasts.
    I'd want (or take) photo's of the cross over, all path area's.
    The property should be as inspected at the time of contract when settlement occurs, if not I would expect rectification asap (or compensation so you can do it yourself).
    Some good advice above.
    Keep us all updated as to how it goes ;)
     
  9. G..

    G.. Well-Known Member

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    These are the two pertinent issues... Since it is not your land, then you have no right to tell them what they can or can't do on it, however they must hand it over in the condition that it was when you inspected it before purchase (or come to some agreement with you, if it won't be). This includes removing any encroachments (eg, concrete) by the neighbours that have been added, as well as keeping the lawns in good condition (mature healthy grass, and no subsidence dure to recent excavation). Since they are unlikely to get the backyard back into condition after it being dug up, then you are likely to have bargaining power when asking them to ensure things are done correctly. Normally the owner would require the neighbour to guarantee all of this before allowing them to start work, but since the owner may not own it for much longer then they may have neglected this.

    As mentioned before, you should talk to your solicitor.
     
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  10. Tools

    Tools Well-Known Member

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    That work would require a building permit and Protection Works Notice in Victoria and I assume the same would apply in NSW. Maybe ask the vendor?

    Tools
     
  11. datto

    datto Well-Known Member

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    If a friend of a neighbour buys your property. Gets a B & P report. Pays the 10% deposit. All good so far. Then a week later the buyer wants the land surveyed. Would this be a matter of concern if the boundary is out?
     
  12. SeafordSunshine

    SeafordSunshine Well-Known Member

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    Given that you have paid a deposit you have an insurable interest.
    Have you got insurance yet?
    ( hint , get some quick!) My opinion, not a lawyer.
     
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  13. Scott No Mates

    Scott No Mates Well-Known Member

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    It would be treated like any other encroachment, solicitor's advice would be vital as to whether it's sufficient to rescind the contract, seek damages or demolish the structure/encroachment.
     
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  14. datto

    datto Well-Known Member

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    Fair enough. I’ll pass it on.
     
  15. datto

    datto Well-Known Member

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    But because contracts have exchanged wouldn’t it be the new owner’s problem? He should have had the survey done whilst in the cooling off period.
     
  16. Scott No Mates

    Scott No Mates Well-Known Member

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    It can be a requisition during settlement

    Linky
     
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