Small Claims Court - Fence/retaining issue's
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.
Honestly don't know but could your council not give you some clarification on your rights?
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...
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 !!!!
Originally Posted by Tina P
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.
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.
So he wants to back fill against it to make his block level?
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 !!!
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
Originally Posted by massive
Sometimes I think we should bought a 'built' home !!!