Browse Forums Building A New House 1 Sep 04, 2009 8:14 pm Jon Builing our First Home in Ridgehaven SA https://forum.homeone.com.au/viewtopic.php?f=31&t=23429&p=316543#p316543 Re: Building on the Boundary - Did your Neighbours allow access? 3Sep 04, 2009 8:36 pm Jon Builing our First Home in Ridgehaven SA https://forum.homeone.com.au/viewtopic.php?f=31&t=23429&p=316543#p316543 Re: Building on the Boundary - Did your Neighbours allow access? 4Sep 04, 2009 8:39 pm Jon Builing our First Home in Ridgehaven SA https://forum.homeone.com.au/viewtopic.php?f=31&t=23429&p=316543#p316543 Re: Building on the Boundary - Did your Neighbours allow access? 5Sep 04, 2009 8:59 pm Caz & Co ALL MOVED IN!! Now comes all the hard work-decorating.... [b]Blog: http://cazoraz.blogspot.com/ Settling in Thread: viewtopic.php?f=31&t=36993 Re: Building on the Boundary - Did your Neighbours allow access? 6Sep 04, 2009 9:04 pm Jon Builing our First Home in Ridgehaven SA https://forum.homeone.com.au/viewtopic.php?f=31&t=23429&p=316543#p316543 Re: Building on the Boundary - Did your Neighbours allow access? 7Sep 04, 2009 9:09 pm Caz & Co ALL MOVED IN!! Now comes all the hard work-decorating.... [b]Blog: http://cazoraz.blogspot.com/ Settling in Thread: viewtopic.php?f=31&t=36993 Re: Building on the Boundary - Did your Neighbours allow access? 8Sep 04, 2009 9:11 pm Caz & Co ALL MOVED IN!! Now comes all the hard work-decorating.... [b]Blog: http://cazoraz.blogspot.com/ Settling in Thread: viewtopic.php?f=31&t=36993 Re: Building on the Boundary - Did your Neighbours allow access? 9Sep 04, 2009 9:12 pm Hi Jon, Sorry to hear about the trouble with your neighbour. What are your other neighbours like? Can you flip your house plans over so that you build on the other neighbour's boundary? Our house has just started construction and we are having our garage wall built on our left hand side boundary as our block is 11.2m wide. We gave them the 60 days notice as required, no questions were asked about our build until last weekend. The trenches had been done and part of the fence pulled down. No complaints yet about building on the boundary. Slab should be poured sometime next week if all goes well. Good luck with it all. Jose PCI Done Re: Building on the Boundary - Did your Neighbours allow access? 10Sep 04, 2009 11:04 pm Thank you so much Cazoraz!! I have saved that site to my Favourites and plan on studying it this weekend! Good luck with everything on your build Jose! Unfortunately I don't think flipping our plan would be an option for us. Council want us to build the garage on that side (not sure why, might be due to the significant tree in the Nature Strip). Also, I spoke to the builder about this and we would practically have to go through everything all over again, engineer reports would have to get re-done, would have to go back to council for approval and would cost us heaps of $$$$. Hope everything continues going smoothly for you Jose, you will have to post some pics Jon Jon Builing our First Home in Ridgehaven SA https://forum.homeone.com.au/viewtopic.php?f=31&t=23429&p=316543#p316543 Re: Building on the Boundary - Did your Neighbours allow access? 11Sep 04, 2009 11:05 pm by the way, sorry for the delay in my reply, we had a power failure! LOL! For the record, I am feeling a whole lot calmer about it all now, amazing what a scotch and coke can do Jon Builing our First Home in Ridgehaven SA https://forum.homeone.com.au/viewtopic.php?f=31&t=23429&p=316543#p316543 Re: Building on the Boundary - Did your Neighbours allow access? 12Sep 05, 2009 7:56 pm Hey Jon Hope you are still feeling better about it. Seems to me from what you quoted in your second post that your neighbours are willing to comply but aren't happy about it and therefore will probably make your life a misery. Good luck with it all. Oh and yes that is finger crossed what my house will end up looking like!! Re: Building on the Boundary - Did your Neighbours allow access? 13Sep 05, 2009 9:37 pm JonG Hi Cazoraz, Thanks for your reply. I know what you mean and I have been trying to get hold of council to find that out myself. At first, my neighbour's objection was to the removal of the boundary fence, which he has now given in to but he is adament that he does not want anyone on his property. When it was a matter of the fence and it's removal, they said that as the fence is jointly owned it falls under the "Fences Act" which is independent to the council's approval. Now that we have the fence issue out of the way, I am with you. In fact, I recall the term "reasonable access" being mentioned in the context that it is the responsibility of the owner of the neighbouring property to allow reasonable access for any construction on a shared boundary... I just need council to confirm it for me! The time frame for construction is 130 business days from the day that the slab is poured. There would only be a few occasions when the builders and contractors will actually have to be on his side of the boundary during that time frame. Hey Jon, My other half commented today that you only own the top six inches of soil on your land. So if oil/gold is found on your property tough luck the council/government can come in and mine for the gold or tap into the oil and you have not say to what happens. Maybe someone should contact the council and drop a hint that there is something of great value in your neighbour's backyard and along the fence line! Back to the serious bit! The other half also mentioned the subject of "reasonable access" He said that he thought that a neighbour could not deny you access in regards to the building of a house etc. Hopefully the council will confirm that for you shortly so that your build can commence ASAP. I will post pics as soon as I get off my b*m and start my thread. Jose PCI Done Re: Building on the Boundary - Did your Neighbours allow access? 14Sep 05, 2009 9:45 pm I had the exact same problem. The old bag next door was a pain. I asked her if my tradies could go on her property and she told me I had to do it the right way. I said what right way, I am talking to you now, she said send me a letter. I thought that was ridicolous, she could of just said yes, but instead my builder sent her a letter saying the bricklayer will be there this date rather than again asking permission. My builder said if they refused you can build the house without going on their property, the brickie lays the bricks from inside. Also if you go to court, which in SA will cost less than $100, you will win, the judge will let your builder have reasonable access, and hopefully make the stupid neighbours pay the court costs. Dont sell the block, it should work out in the end. But the neighbours will complain about everything mine have... two broken shrubs, too much soil has been removed, too many fence panels have come down, they dont like my aircon placement, dont like the colour of my house, dont want me to have a privacy screen....and the list goes on, sometimes you just get lucky with your neighbours. Re: Building on the Boundary - Did your Neighbours allow access? 15Sep 05, 2009 9:49 pm If it was me, after all this trouble with the neighbour I would sell the block and cut my losses. Buy something elsewhere and build your house in a happy neighbourhood. After all, do you really want to build and live next door to this person after what has gone down? A house can be built anywhere, but setting up a home and living in a nice area is what really makes a place feel like a happy home. And it doesn't sound like you will be able to achieve this here, after what you have already described. Good luck with what you decide to do Blog: http://bluemistkids.blogspot.com "Never be afraid to try something new. Remember, amateurs built the ark, and professionals built the Titanic." Re: Building on the Boundary - Did your Neighbours allow access? 16Sep 05, 2009 10:05 pm I am fired up, I found the fences and the law book, as I worked out you were in SA like me. http://www.lsc.sa.gov.au/cb_pages/image ... h%2007.pdf There is a bit in there that says about power of entry. It says if they say no, and you have followed the procedure under the fences act (which you have) or have a court order, you can obtain a legal right to enter their land by giving them 2 days written notice.... Ring legal helpline 1300366424 which is free, and find out how you obtain legal right or get a court order. And show your neighbours where it says if you go to court the court normally orders the loser to pay the winners costs. Ask why they object, It is really only the brickie on their side and that would be a 2 day max. Quote: If it was me, after all this trouble with the neighbour I would sell the block and cut my losses. I would not think about doing that, it would cost over $20,000 with stamp duty, and besides your builder can build your house without going on their property. Tell your neighbour that is has been approved by council, it is going to get build, and ask him if this is what he would like to look at a nice piece of brickwork or sloppy brickwork because the brickie has to brick from the inside...I think this is what sold my neighbours on the idea of having somone on their property. I think you have many options without having to sell. My dad is a similar situation, his fence needs to come down, but his stormwater is attached to the fence so if they rip down the fence, they break his stormwater, he just needs this new person to make sure his stormwater pipes do not get damaged and then he is happy. Re: Building on the Boundary - Did your Neighbours allow access? 17Sep 06, 2009 3:06 pm I guess look at it from your neighbours point of view. You are about to make their life very uncomfortable and may cause damage to their property. They may have experienced this in the past and have had a very bad encounter. A friend of mine had a neighbour decide to do a major reno and extensions and they granted them access (they were a friend) and the contractors tore up their lawn with a bob cat. Now grass won't grow their, only weed. They had traidies parking in their driveway, other damage to their property, all of which has gone without compensation. The friendship is now strained to say the least. I would offer to pay for any damage to their property. Put it in writing. And also offer them generous compensation for the disruption. Just stop and think about your neighbour and what you are about to put him through. Re: Building on the Boundary - Did your Neighbours allow access? 18Sep 06, 2009 4:16 pm I am so sorry to hear that We were lucky enough to have a really great neighbour on the boundary side, and he was more than happy to cooperate. Our builder even destroyed their veggie patch in the process and they never complained. We've appologised though but... we still feel bad about it. Are you able to mirror the house so that you build on the boundaray on the opposite side of the block? That is, if the other neighbour is any better. Good luck Re: Building on the Boundary - Did your Neighbours allow access? 19Sep 06, 2009 4:59 pm I hope you get it sorted out so that your house can go ahead soon, Jon. What a nightmare. I always try to understand the other person's point of view, but sometimes it seems they're just completely selfish. You cannot dictate what your neighbours build on their property - if it's within the planning laws, then you just have to suck it up. If it's a hideous colour or design, or offends your sensibilities in some other way, then plant a hedge! It sounds like you've tried all the right avenues of approach, but your neighbour just doesn't want to play nice. They may not like the fact that they're going to be inconvenienced for a short time by noise or mess, but as long as your tradies are courteous and clean up after themselves, there oughtn't be an issue. It shouldn't be necessary to be a total PITA just because you can. Good luck with it. Karma may get them in the end...let's hope. Re: Building on the Boundary - Did your Neighbours allow access? 20Sep 06, 2009 5:28 pm Quote: A friend of mine had a neighbour decide to do a major reno and extensions and they granted them access (they were a friend) and the contractors tore up their lawn with a bob cat. There is no reason for bob cat to be on the property, they only need acess for the brickie and the scaffold. I would not agree to using my property as a thoroughfare which sounds like what happened to your friend. Good on you for having a go I am the opposite of DIY (so will pay a builder) - our vibe is industrial/simple so current thinking is 150mm concrete and then internally is… 3 1321 The only thing to add to these comments is that where possible it's always good to try and work with people than just say "no" because you can. Having someone… 4 17437 For reference, this is the Austlii reference. My take on this is, that they would be breaking the law denying access to a homeowner in Victoria, or their agent from having… 1 9634 |