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  1. #21
    Join Date
    Apr 2009
    Posts
    895

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    Ask your fence builder how much extra it would cost to fix the RW, get 3 quotes for fence and RW. I imagine it is not a high RW if you are considering building a fence, and the neighbour may get some benefit from the new fence and may then contribute to the RW if you present the costs.

  2. #22

    Default

    Ok now the question is, who can recommend a great property lawyer - preferably based in West Auckland ??
    Thanks for all the feedback - will keep you posted how we get on.

  3. #23
    Join Date
    Jul 2011
    Location
    Tauranga
    Posts
    2,769

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    Ivan McIntosh - he regularly post on here and is good to deal with and knows his stuff - I have used him recently for a tricky S and P http://www.calaw.co.nz/English/About/Our+People.html

  4. #24

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    Hi there, wondering how you got on with this (was a few years ago). We have a similar issue with our neighbours, they are the upper section and the wall is theirs, falling into ours. They got a $95k EQC payout to fix the wall - or the previous owner did - these guys got a very cheap section by about $95k .

    We asked them to repair the wall when they bought the section and started building their $1.5m McMansion. They said that no, their structural engineer said its fine. (My civil engineer partner said it's not fine, the driveway will be stuffed in 3yrs). In fact its cracked and broken and i have removed dozens of buckets of river stone fill from our garden, so it's also pretty hollow for at least a metre in. The council said they can't do anything - its apparently a civil matter. All we can do is lawyer up and take them to court. We decided not to as they are the kind of people who twist anything to make themselves sound good (and mostly get away with it, as they seem to have with building a massive sunblocking fence on another boundary with another owner). They have since built a driveway on top of the wall, and the wall has degraded further with all the driving on it. We are just waiting for the cribs to destroy their driveway, then hopefully they will do something, also hopefully before it breaks down into our section.

  5. #25

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    What caused your land to be at a lower level than your neighbour's land?

  6. #26

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    Quote Originally Posted by Sandie View Post
    What caused your land to be at a lower level than your neighbour's land?
    We live in a country full of hills an mountains.

  7. #27

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    Quote Originally Posted by Learning View Post
    We live in a country full of hills an mountains.
    was the wall built to retain fil or a cut? It is a question of who created the support

  8. #28

    Default

    Quote Originally Posted by John the builder View Post
    was the wall built to retain fil or a cut? It is a question of who created the support
    Oh we've been through all that, ours is the natural lie of the land (40yrs ago was a shared playground for the kids above and below according to the neighbours below), they retained to flatten the land about 40yrs ago. The question isn't whether its their wall, its whether they have to fix it. According to the council they don't and they have now put a driveway on top. We just have to wait now, for the driveway to fail, its 18mths old so won't be far off

  9. #29

    Default

    the building act might have someting to say if they did building work to change the status quo.

    If they added a surcharge to the wall that wast there then this is contravention?

    any chance of a photo?

  10. #30

    Default

    Quote Originally Posted by John the builder View Post
    the building act might have someting to say if they did building work to change the status quo.

    If they added a surcharge to the wall that wast there then this is contravention?

    any chance of a photo?
    No, they got a structural engineer to sign it off, all part of getting code compliance for new house (rebuild after earthquake). We argued and they said nothing we can do, not wasting money on it (despite the EQC payout - EQC said there is also nothing they can do as it was cash settled). I suspect they will try to blame the guys who did the driveway down the track.

    Will take a photo later.


 

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