Small Claims Court - Fence/retaining issue's

[Guest Tina P]

Hi,

 

Has anyone every taken a neighbour to the small claims court over payment of retaining walls ?

 

What was the cost and how was it ?

 

Our neighbour believes we have to build a 3 sleeper high wall between us and the cost to be 100% down to us but contractors have said it only needs 1 slepper and 50% split.

 

The thing is this guy is very anal and is quoting its the law under this and that section, taken photo's and says if it goes to court he has 40 Questions for us ?

 

He doesn't scare us or anything as he is a disturbed liar but just wonder if anyone has been to court with a problem like this and would like to know what kind of facts they need so I can also gather those. How does the judge decide ?

 

He is now trying to play the victim, so he is very sneaky.

 

Thanks

Tina

[Guest caoimhe]

Honestly don't know but could your council not give you some clarification on your rights?

Good luck

[Guest rich]

If I were you I'd poke him in the eye with a spoon. Failing that, it sounds like he is just a bit of a weirdo. If it is between your properties, 50/50 seems quite fair...

[Guest Tina P]

Hi,

 

Spoke to council and they have just asked me to contact mediation, which is in the process now.

My neighbour wants a copy of my contour plans and then he will decide if he wants to go to mediation ?

 

Im happy to pay 50/50 and get the fence up, but not happy to pay for work that is not needed.

 

Move to the other side of the world and get this !!!!

 

Tina

[Guest kerfumph]

Hi,

 

Has anyone every taken a neighbour to the small claims court over payment of retaining walls ?

 

What was the cost and how was it ?

 

Our neighbour believes we have to build a 3 sleeper high wall between us and the cost to be 100% down to us but contractors have said it only needs 1 slepper and 50% split.

 

The thing is this guy is very anal and is quoting its the law under this and that section, taken photo's and says if it goes to court he has 40 Questions for us ?

 

He doesn't scare us or anything as he is a disturbed liar but just wonder if anyone has been to court with a problem like this and would like to know what kind of facts they need so I can also gather those. How does the judge decide ?

 

He is now trying to play the victim, so he is very sneaky.

 

Thanks

Tina

 

 

Whats the wall doing? If it holding up the natural because of your cut, you pay. If it's holding up his fill he pays. No 50% thing legally far as I know. Or put another way, if you need it to build your house you pay.

[Guest Tina P]

Hi,

 

Fencing contractors have told me it only needs 1 sleeper high retaining but he wants 3 sleeper high retaining, this is his request not because he has had quotes from other fencing contractors that advise of this.

 

Im in the house and he has his keys now.

 

Tina

[Guest kerfumph]

So he wants to back fill against it to make his block level?

[Guest guest569]

If you only cut into the natural land level then you should only legaly nee d to pay for that. If he has no said go 3 sleepers so that he can level his land then he is responsible for the extra 2. You offering 50/50 is in his favour and if it goes to court he will lose out. A 70 /30 in your favour sounds more like like it to me but if your happy for 50/50 to get it in and paid for then that is the deal you you need to offer before legal action !!!

[Guest massive]

mmmmmmmmm know what you mean have got a bit of a dispute ourselves at the moment

we had to fill on one side of our block so paid 100% of the cost we also filled across the back again 100% this was on our plans

the otherside filled and didn't adhere to their planning application so after council intervention they are now retaining but we no longer talk

so like yourselves you come to the otherside of the world and wounder WTF but thats life their problem not ours

Debbie

[Guest Tina P]

mmmmmmmmm know what you mean have got a bit of a dispute ourselves at the moment

we had to fill on one side of our block so paid 100% of the cost we also filled across the back again 100% this was on our plans

the otherside filled and didn't adhere to their planning application so after council intervention they are now retaining but we no longer talk

so like yourselves you come to the otherside of the world and wounder WTF but thats life their problem not ours

Debbie

 

Hi Debbie

 

Sometimes I think we should bought a 'built' home !!!

[Guest massive]

Tina I know what you mean

Debbie

[Guest Paul 1]

Regards contour plans , if you have them fine , if not they will cost in the region of 500 dollars so tell him if he wants them , you are quite happy to allow HIS surveyors access to get them at HIS COST , REGARDING THE REST , TELL HIM THAT YOU ARE HAPPY TO GO 50-50 for one retainer high and if he don't like it you will put dirt there to make a self retaining 45 degree angle .

 

He has to go to small claims court , if he goes , and thats not epensive you don't need lawyer's .

 

Good luck , looks like you travelled a long way to have a pompous prick of a neighbor , don't cave in, if you do its only the start ,

[Guest graandjac]

Regards contour plans , if you have them fine , if not they will cost in the region of 500 dollars so tell him if he wants them , you are quite happy to allow HIS surveyors access to get them at HIS COST , REGARDING THE REST , TELL HIM THAT YOU ARE HAPPY TO GO 50-50 for one retainer high and if he don't like it you will put dirt there to make a self retaining 45 degree angle .

 

He has to go to small claims court , if he goes , and thats not epensive you don't need lawyer's .

 

Good luck , looks like you travelled a long way to have a pompous prick of a neighbor , don't cave in, if you do its only the start ,

 

You can oftern get a copy of the contour plans from the developer, we had a copy of ours before we had even started to cut the land . We were given a copy and told "you shoulden't really have them but ........here you are . good luck

[Guest Paul 1]

Your probably right Graham . I just summised that they did'nt have them , it cost me 600 dollars to get some drew up and some land surveyed last year , I needed that doing before i could get a builder to look at plans

[Guest Tina P]

Hi,

 

Probably will have them but took your advice Paul and told mediation today that if he wants a copy of the plans I will send them but only to a surveyor, who requests them in writing on his behalf.

 

Heard today that he tried to take the real estate agent he bought the land off to court over a septic tank issue, he backed down just before the date.

 

He is now claiming we/builder cut into his land

 

Tina

 

PS - anyone know a hitman ?

[Guest graandjac]

Your probably right Graham . I just summised that they did'nt have them , it cost me 600 dollars to get some drew up and some land surveyed last year , I needed that doing before i could get a builder to look at plans

 

 

We were lucky as I think it was a bit of a sales thing to make us feel comfortable with the sale.....if you know what I mean:err:. And if I remember it was before the roads were cut ,so when this was done the contours went out of the window anyway due to the sloping block

[Guest Paul 1]

Well now its up to him to prove the builder cut in to his land , and in order to do that , invite him to have the land re surveyed at HIS COST , and if proved the case , you will take it up with the builder , because then its the builders fault not yours , and of course if the builder has done it you can tell him that once proved you will instuct the builder to put the dirt back , whist doing so at a 45 degree angle which will retain itself , and therfore no need for ANY retaining wall .

 

Sounds a pompous prick play him at his own game he's trying it on .

[Guest graandjac]

Well now its up to him to prove the builder cut in to his land , and in order to do that , invite him to have the land re surveyed at HIS COST , and if proved the case , you will take it up with the builder , because then its the builders fault not yours , and of course if the builder has done it you can tell him that once proved you will instuct the builder to put the dirt back , whist doing so at a 45 degree angle which will retain itself , and therfore no need for ANY retaining wall .

 

Sounds a pompous prick play him at his own game he's trying it on .

 

I know its easy to say stick it out , but I have to agre with Paul on this one , Its a shame you might fall out with your new neighbour , but I kinda get the feeling that if it wasn't the retaining wall he would find something else.

[Guest TheDeansDownUnder]

:skeptical:

Lets just get things as a fact!

Whatever is your fill is your responsibility to retain.... Fact!

OR....

Whatever is your cut is your responsibility to retain.... Fact!

Our problem is, our neighbour has excavated at the back of their property and opposite side from our plot and thinks that the boundary between ours and theirs is soley our responsibility, As our house is completed, we have had no choice to adhere to council plans and retain our fill!!. (which accounts for around 50% of the boundary).

We have had abuse from our neighbour for not retaining their cut, which amounts to roughly 50% of the boundary!

 

The abuse we have received is that we are liars and cheats even though the council and all builders have sided with our argument!

 

After all this it makes you laugh!

People will not be happy, no matter where in the world they are...... all they thrive on is pesty arguments!!!!:confused: