Hi guys,
My neighbour is looking to build a second house on his land.
He needs to connect it to the public storm water pipes, so needs my consent to dig 2 manholes on my land (1 meter and 60 cm wide) and then connect them with a 22cm PVC pipe.
As the neighbour's new build implies a bit of excavation just 1 meter away from my house (manhole + pipe trench), my concern is a possible damage to my property (loss of lateral land support, which can lead to tilting/subsidence of the house and the surrounding soil).
The land is sloped (5-30 degrees in different places) and there is already some retaining construction where the digging is requested.
I do not want to be unreasonable, but looks like giving consent to my neighbour's project entails very expensive risks for me.
Here is the fragment of my neighbour's plan and a picture of the area (retaining construction where the digging is requested):
"https://drive.google.com/file/d/1rZIqZepI_mTKU0MbN9PtJcId22_RDyLa/view?usp=sharing"
"https://drive.google.com/file/d/1ef0f_ceZPMrY_lgkt4tyhJmng5tZyDM1/view?usp=sharing"
I should definitely seek professional advice (lawyer's and builder's).
Although I can refuse the consent, I cannot be unreasonable when doing so. I am ok with my neighbour developing his property as long as I don't risk expensive remediation.
I read on this forum that there is a legal provision to make neighbors give access to a public drain ("https://propertytalk.com/forum/forum/property-investment-forums/new-zealand/property-improvements-nz/41088-"). Not sure if this is correct though.
Would appreciate any experts' contacts or information/advice on the topic, please.
Thank you kindly.
My neighbour is looking to build a second house on his land.
He needs to connect it to the public storm water pipes, so needs my consent to dig 2 manholes on my land (1 meter and 60 cm wide) and then connect them with a 22cm PVC pipe.
As the neighbour's new build implies a bit of excavation just 1 meter away from my house (manhole + pipe trench), my concern is a possible damage to my property (loss of lateral land support, which can lead to tilting/subsidence of the house and the surrounding soil).
The land is sloped (5-30 degrees in different places) and there is already some retaining construction where the digging is requested.
I do not want to be unreasonable, but looks like giving consent to my neighbour's project entails very expensive risks for me.
Here is the fragment of my neighbour's plan and a picture of the area (retaining construction where the digging is requested):
"https://drive.google.com/file/d/1rZIqZepI_mTKU0MbN9PtJcId22_RDyLa/view?usp=sharing"
"https://drive.google.com/file/d/1ef0f_ceZPMrY_lgkt4tyhJmng5tZyDM1/view?usp=sharing"
I should definitely seek professional advice (lawyer's and builder's).
Although I can refuse the consent, I cannot be unreasonable when doing so. I am ok with my neighbour developing his property as long as I don't risk expensive remediation.
I read on this forum that there is a legal provision to make neighbors give access to a public drain ("https://propertytalk.com/forum/forum/property-investment-forums/new-zealand/property-improvements-nz/41088-"). Not sure if this is correct though.
Would appreciate any experts' contacts or information/advice on the topic, please.
Thank you kindly.
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