Join Australia's most dynamic and respected property investment community

New Build & Neighbour Issues

Discussion in 'Legal Issues' started by splitter, 19th Jun, 2016.

  1. splitter

    splitter New Member

    Joined:
    19th Jun, 2016
    Posts:
    1
    Location:
    Brisbane
    Hi all - first time post and hoping to tap the knowledge of wealth out there

    I am building a new house on a 405 sqm lot with the BCC area and have been held up by issues relating to the neighbours recently completed new build, also on a 405 sqm.

    My block required a retaining wall along the common boundary side (but within my boundary) and on excavating soil for my retaining wall, the fence on the neighbours property but along the boundary would have fallen over due to not having the support posts to a suitable level under the soil. 700mm vs actual 300mm.

    We were held up for a couple of weeks for the neighbour to sort a solution.

    The next issue was an encroachment below the surface caused by an over-pour of concrete footings for the neighbours concrete block retaining wall - during the construction of my retaining wall, we had to dig down for the supports only to hit concrete.

    This resulted in my builder excavating the entire length of the wall & requiring the neighbours builder to remediate the situation (jackhammer etc).

    However given the change in conditions, revisions had to be made in the retaining wall on my block, formi-tube, rock etc & now I am up for a significant variation cost.

    Anyone know where to go on issues such as these?
     
  2. Joynz

    Joynz Well-Known Member

    Joined:
    5th Apr, 2016
    Posts:
    828
    Location:
    Melbourne
    I'm a bit unclear about the question.

    Do you mean that you are hoping the neighbour will pay some of the cost of your variation and you are in a dispute about it?
     
  3. RPI

    RPI Property Lawyer, Town Planner Business Member

    Joined:
    19th Jun, 2015
    Posts:
    712
    Location:
    Brisbane
    Are you going to be living there and are the neighbours going to be living there? If yes to both then any financial compensation is not worth the bad living situation.

    Damages for encroachment are pretty common as are rectification costs. We are doing some at the moment and do them regularly. Its amazing how many people don't bother with a survey or knock the survey pegs our to excavate and don't get them re done.

    If you can quickly sort it out without a lawyer and negotiate a resolution then you might be better off. Legal fees can mount quickly. However, sometimes a dirty letter from a lawyer can resolve quickly.