Hey guys

Am already taking care of this issue - but wanted to here advice/opinions from others. The issue is:

I have a property - they have recently built 3 units next door - and it seems the rear parapet wall (its the wall for unit 3 at the back - about 6 meters long) is over about 2.5 cm onto my land. The owner/developer is now selling the rear unit (he has already sold front one, and he is living in the middle one).

Have rang Stirling city council - and spoken to a bloke in Compliance - he basicly told me ring a lawyer Surely there is more to it than that.

Anyone had experience with this, or can anyone add anything that may be useful .....

Thanks

Daniel

if its over the boundry its over the boundry, either they need to compensate you for the rough value of the land they've taken..

or in some cases like this, iveheard of the builders being told to basically tear the wall down and correct the issue..

what will be the problem is someone actually taking the blame, it'll go around in circles, the owner of it will blame the builder, the builder will in turn blame the surveryor, the surveyor will in turn blame the council for having in correct records..

id take the councils advice, chat to a lawyer, possibly look at putting a caveat on the problem house until its resolved, caveat should mean from my understanding of them that the current owner will be unable to sell it until its removed..

if its an issue, basically make it an issue for him he HAS to fix until your satisfied..

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Basically thats a majoy stuff up. Ur correct about the caveat, he cant sell or refinance until it is removed. and anyone can put a caveat on anyone elses property. As far as them building a wall on ur property, thats a huge f**k up by a few people. Council mainly, cos u cant generally build within 50cm of ur property boarder. depends on ur shire of course. It happens with fences all the time, but they are easily moved.. a Wall of a building however.. oops! call ya lawyer mate!

Hey Beefy,

silly farkin builders!! :-)

Couple of options for you mate. I would start with the building surveyor at the council and inform him of the problem and see if they are willing to do an impartial survey and confirm it.

If they dont want to know about it, get your own survey done and confirm the building being on your property if you haven't already.

Then there are basically 2 choices for the developer. Move the wall or buy the land off you. Its that simple. Either sell him a strip of land at a fair market value if both parties agree or he has to pull the parapet down and rebuild it.

Thats my understanding of it.

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Beefy,

PM me and I'll give you a number to call.. I worked at the Lands Dept for 13 years they get these issues all the time...

Cheers

Brett

Brett - as always your a champ.


PM Sent

What Does The Neighbour Say...can He Provide You A Copy Of The Site Survey?

u got nothing to worry about beef. get a survey, make sure it's on your land, then make them knock it down

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If your in the right, which it appears so, you shouldnt even need lawyer.

confirm, confront, and resolve.

It this 2.5cm of land isnt a hassle, dont force him to rip it down, just settle on an agreed value. Last thing you want is a running fued over petty crap like this...

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Fuck no! - you are in a position of power - try and extort as much money as you can for the land being encroached upon - if he doesn't agree, make him pull it down & start again - accept nothing less!

Work out the current value of your land being encroached upon - work out the cost of pulling the wall down & re-building it (plus interest & holding costs) - pick a dollar amount somewhere between, but closer to cost of rebuild.

Also, lodge a caveat right now - today!!

Forget Council - the building is illegal - time to make him pay - either that, or buy the unit off him for a discounted price.

DO IT!

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