PROBLEM - We just had a wall built in replacement of my gate. Pls see the photos


Butterfly , Saturday, 7th of August 2010 11:34:05 AM

http://s179.photobucket.com/albums/w296/n_easy/Garden%20Wall/
Butterfly
/>The neighbours wall, which is the light browney one, our wall is the 
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other.
What our builder has done is cemented my wall to his wall 
Joined: Saturday, 5th of June 2010, 05:58:07
(reinforcement?). Neighbour has complained. BUT, if you look at photo 
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titled ''Wall - Outside the wall is on our property - it is within our 
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boundary as per the line on the floor.

First of all, is this 
legal, in terms of building regulations etc? and if he does take further 
action, what can l do to back up my side of the argument.

My 
neighbour is the neighbour from HELL, l think hes just after some quick 
cash, because if you notice from the photo, ''Gate Pillar Before Wall he 
never seemed to complain about that pillar being on his wall, now all of a 
sudden weve got a wall built hes complainging about cement, that he cant 
even see!

Please advise, many thanks.
 
 
 
 
 

betty boo , Sunday, 8th of August 2010 03:35:19 AM

There must be nothing worse than having to live next door to a  
betty boo
moaning old git. Tell him to take it further if he aint happy - and let  
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him waste his time and money. I dont think you have a problem here - let  
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him instigate something if he wishes - but he is probably all talk and not  
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happy unless he is got something to moan about.  
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Pumkin Butt , Monday, 9th of August 2010 11:30:09 PM

ok just tell him you are very sorry and to be in full  
Pumkin Butt
compliance of his wishes tell him you knock down his part of the wall  
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which is on your property, problem solved and another jumped up nimby gets  
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his just deserts  
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nina , Tuesday, 10th of August 2010 11:08:01 AM

tell him to get on with it he hasnt got a leg to stand on  
nina
 
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Dear , Wednesday, 11th of August 2010 03:43:02 AM

Was the brown post 'your' gatepost, so that yuo have been  
Dear
'enjoying' 4-6'' of HIS property over these years?. If so, then you can  
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put in a claim of ownership of that part of his driveway. Probably not  
Joined: Monday, 7th of June 2010, 21:51:16
worth the aggro though.  
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Building regs have nothing to do with it; Get a mate to come around in a  
suit, with a clipboard, tape measure & a copy of the deeds, showing the  
boundary. Make sure that the neighbour sees him, & them hand them a  
letter, stating that ur 'surveyor' has reported that ur wall is entirely  
on ur property.  
 
If he wants to go to litigation over it, then nothing will stop him.  
However, all you can do before that is demonstrate to be be reasonable in  
listening to his complaint & getting this 'independent' review (your  
mate). to check it. That will stand you in very good stead if it comes to  
legal matters.  
 
 
 
 
 

Pumpkin , Thursday, 12th of August 2010 12:18:25 PM

Your neighbour sounds just like mine. I had a wall built on my  
Pumpkin
boundary, perfectly legal.  
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Yours looks fine, sounds like your neighbour is just looking for trouble.  
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We had to consult our solicitor to back up out complaint.  
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mookiemook , Friday, 13th of August 2010 04:57:43 PM

Unless the builder knocked out some bricks from ur neighbours  
mookiemook
wall to build yours into it, which it doesn't look like ur wall is not  
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'joined' to his at all, the builder has just filled the gap between the  
Joined: Wednesday, 16th of June 2010, 09:10:58
walls with mortar to give it a finished look. Therefore it is not  
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attached & the mortar is only for appearance- no structural significance  
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at all.  
 
If ur fence has been legally built on ur property, he can just go & dry  
up. The wall has no significance to him at all. Check with ur local  
council & if they advise you are in he right, advise him they have advised  
you as such & you don't want to hear any more on the matter.  
 
You can argue for ever about this & to what end, you don't want the  
situation to escalate. He really needs to get a life.  
 
 
 
 
 

Peaches , Saturday, 14th of August 2010 08:39:02 AM

the place to find out the right and wrong of this wall business  
Peaches
is at ur local city hall. every city is different and has there own rules  
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and requirements.Ur builder should have known what he was doing and  
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therefore ur wall should b legal. If ur builder was not licensed and  
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insured, u will b responsible for whatever the city says. As for money,  
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the only money that will b paid is if u have to change ur wall if ur  
builder cheated u.  
good luck  
 
 
 
 
 

Bebe , Sunday, 15th of August 2010 12:37:22 PM

if ur wall is on the property line, i would check to see if  
Bebe
there is a set-back law in ur town. i dont think he has the right to build  
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up to ur property line. here it is 5 ft. for a side varience. the only down  
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side i can see is if he has the least little bit of problem with his wall ,  
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hes going to blame ur wall for causing it. i would have my mason take a  
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masonry saw & separate the walls. they are bound to move separately & you  
want them to be independent of each other.did he lay them brick in the  
rain? messy  
 
 
 
 
 

Melly Bear , Monday, 16th of August 2010 05:20:20 PM

It sounds like he is looking for some quick cash. I am pretty  
Melly Bear
sure you are completely within your rights, though I don't know what your  
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local zoning laws say. I would take these photos and a copy of your survey  
Joined: Wednesday, 19th of May 2010, 05:23:59
map down to your local engineering department office or zoning. They will  
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have copies of any local ordinance which might affect you, and they can  
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probably give you good advice. Good luck - we had a battle over a fence a  
few years back.  
 
 
 
 
 

cuddlecakes muffin prince/princess , Tuesday, 17th of August 2010 11:38:59 PM

I think you need to get a survey done to find out exactly where  
cuddlecakes muffin prince/princess
the property line is..  
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Joined: Friday, 11th of June 2010, 06:19:01
If the wall is truley on your property, check with the local building  
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inspector and find out what can be done.  
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He may end up owing you and become the neighbor from heaven.. LOL...  
 
Our you have a right to remove it.  
 
But first check with the building inspector or someone within the city..  
 
 
 
 
 

Tinkerbabe , Wednesday, 18th of August 2010 04:39:58 PM

he aint got a claim there matey! its on your ground and its no  
Tinkerbabe
higher than his (i assume) so tell him to go pee in the wind  
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Pumpkin Pie , Thursday, 19th of August 2010 02:04:07 AM

seen as its on your boundary he hasnt a leg to stand on unless  
Pumpkin Pie
he has used that piece of land for over 12 years because then legally it  
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becomes his  
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