Retaining wall and driveway - neighbour's permission on design

[chewiewill]

Hi everyone,

My neighbour subdivided their land which is on a slope and I am now building a house on the lower side. I've got council approved designs for the retaining wall (which will be fully built within my boundary) and driveway (which will connect to a shared driveway with right of way). However my neighbour wants their input on how both should be designed and am seeking agreement before I am 'allowed' to build. Can anyone point me in the right direction regarding whether the neighbour is legally allowed to interfere? I am, of course, paying for all the bills.

I want to maintain a good relationship since we will be neighbours but also don't want to hold up construction for too long.

[donna]

Hi chewiewill,

Welcome to PropertyTalk. Do you have a freehold title or cross lease title? If you have a freehold (fee simple) then your section is yours to do as you wish. A cross lease title allows your neighbour to poke their nose in - so check what you have so you know your rights. Plus with cross lease titles - they're not all the same so you'll need to know what you can and cannot do without the other cross lease holders permission.

cheers,

Donna

[John the builder]

Hi chewiewill,

Welcome to PropertyTalk. Do you have a freehold title or cross lease title? If you have a freehold (fee simple) then your section is yours to do as you wish. A cross lease title allows your neighbour to poke their nose in - so check what you have so you know your rights. Plus with cross lease titles - they're not all the same so you'll need to know what you can and cannot do without the other cross lease holders permission.

cheers,

Donna

I agree
but a recent subdivision is unlikely to be cross lease? (can these still be done?) but it could be a unit title?
If the land is freehold then you dont have to satisfy the neighbor. (apart from obligations to protect them from damage due to work?) If he wants input then move the retaining wall onto the boundary to your benefit? But you want to remain friends? but there is a limit, I assume they didnt put any caveat on the title when they subdivided (which they could or should have done if they wanted influence)? Check the title?

[chewiewill]

Thanks Donna and John,

I really appreciate your response and have checked my title - it is indeed a Freehold (fee simple). No caveats either, only mentions of right of way and easements. If I have a right of way to connect a new driveway from my garage to the shared driveway edge (without needing to modify the existing shared driveway), I supposed they can't interfere with that too?

[John the builder]

Thanks Donna and John,

I really appreciate your response and have checked my title - it is indeed a Freehold (fee simple). No caveats either, only mentions of right of way and easements. If I have a right of way to connect a new driveway from my garage to the shared driveway edge (without needing to modify the existing shared driveway), I supposed they can't interfere with that too?

it seems niegbour has no say

You could say to him if he shares cost you will give him a say in construction but if he doesnt then just be nieghbourly but take no notice?

[phillip30]

I think this is answered above.

one idea could be to meet with them and hear any concerns they have. it may be they can easily be resolved, you would just need to be mindful of comprmising the design, delays, and be clear that any adtional costs would be expected to be covered by them.