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  1. #11
    Join Date
    Jan 2010
    Location
    Hibiscus Coast
    Posts
    1,777

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    Quote Originally Posted by John the builder View Post
    it is the use of the word I question. Subsidence is not at work here?
    Ok it would probably be more helpful if you could answer Kiores question rather than giving me an english lesson. At least I offered up some advice based on my own experiences of subsidence, shrinking clay, retaining walls falling over and tree hedges on boundaries. You know all about legislation, point him in the direction of something he can use to try and fix his situation.

  2. #12

  3. #13

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    The wall has always been entirely on their property. The movement which has occurred on the common driveway has happened over many years - their engineering report mentioned it.

    We've had another incident with the company contractors 'trimming' one of our trees. He said he knew it was ours and didn't care.

    I'm in the process of writing a letter to the company outlining our concerns about our land moving if the tree is removed. And requesting that they build a fence to replace the hedge and trees they have illegally removed or trimmed.

    Thanks for the advice all. I would like to upload some photos but can't figure out how!

  4. #14

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    was the wall built to support your land as a result of work by the lower neighbor?? the natural contours should show this? If so the lower neighbor has the obligation to maintain support. If reverse (and the wall supports fill) then the obligation might be yours? but not their concern either?

  5. #15

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    We think the wall was built by the lower neighbours to support our land. Their land is much lower than ours.

    We've had a response to our email which asked for a plan to support our land if we allow them to remove the tree. Their plan is to leave the root in place as support. I'm not happy with this as the root will obviously rot over a number of years. They have no engineering report or anything in writing to suggest this is a viable option.

    If the driveway collapses, it will likely be under the weigh of our cars as we reverse to turn around so it is a significant Health and Safety issue.

    I'm at a loss as to what to do now. Their report indicates that our driveway has moved due to the lack of support from the retaining wall. Instead of arguing over the hedge, it may be simpler to ask them to sort out the whole wall.

  6. #16

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    Quote Originally Posted by Kiore View Post
    We think the wall was built by the lower neighbours to support our land. Their land is much lower than ours.

    We've had a response to our email which asked for a plan to support our land if we allow them to remove the tree. Their plan is to leave the root in place as support. I'm not happy with this as the root will obviously rot over a number of years. They have no engineering report or anything in writing to suggest this is a viable option.

    If the driveway collapses, it will likely be under the weigh of our cars as we reverse to turn around so it is a significant Health and Safety issue.

    I'm at a loss as to what to do now. Their report indicates that our driveway has moved due to the lack of support from the retaining wall. Instead of arguing over the hedge, it may be simpler to ask them to sort out the whole wall.
    It is clear that the excavation was made to benefit the lower neighbor. There is no reason for your property to create the need for support unless it was to create a filled area for a driveway for example. You should be able to see this from natural contours.

    The right of support is with the lower neighbor I assume in this case?

    That right includes supporting your driveway and tree. Any half decent retaining wall will be anticipating the surcharges from a driveway. Council usually require walls on boundaries to assume a driveway even if there isn't one there now?
    from that link above.

    I suggest that your best course of action is to ask your solicitor to write a letter to your neighbour setting out that your neighbour’s excavation of their land has caused your land to subside and that as a consequence you will be seeking damages. If your neighbour continues to dispute the matter you can proceed to the District Court
    .

    you need to go on the offensive.
    The nieghbor is trying to make the problem yours when in fact it is theirs.

  7. #17

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    Yes, I think you are right. We have tried being reasonable and negotiating but it hasn't worked. I've made an appointment to see our solicitor.

  8. #18
    Join Date
    Aug 2003
    Posts
    7,588

    Default

    Very interesting - let us know how you get on.

    cheers,

    Donna
    PropertyTalk Blog - property articles

    BusinessBlogs - the best business articles are found here



  9. #19
    Join Date
    Aug 2003
    Posts
    7,588

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    Quote Originally Posted by John the builder View Post
    That's a nice site too - like the use of art work and mentioning the artist.
    PropertyTalk Blog - property articles

    BusinessBlogs - the best business articles are found here



  10. #20
    Join Date
    Sep 2014
    Posts
    49

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    Quote Originally Posted by donna View Post
    That's a nice site too - like the use of art work and mentioning the artist.
    In the article, it says "the liability of the landowner who excavates the land is personal and does not pass to any subsequent purchaser of the excavated land but remains with that landowner who excavated the land in the first place.". It is interesting what would happen if the landowner has moved to a foreign country and could no longer be chased or is no longer alive?


 

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