As next door (a developer) is building the property right on the boundary and doing earth work for the footing, the foundation of the fence became unstable. The huge ditch they dig on the boundary leave not a single support for the fence or land on his side.
Every since he started the construction, we have experienced numerous problems: land sliding, holes (L500xW500xD900~1500mm) appearing on the ground about 1.5 meter away from the fence, and to make it worse, waken up last weekend to find the fence almost completely fall down to our side, the tree next to fence which takes ages to grow has fallen down completed due to the uneven pressure on the ground. Please see attached images.
http://picasaweb.google.com.au/yzzvic/DamagedFence?feat=directlink
None of these will happen if his proposed property and building process is designed properly and not sitting on the boundary. This not only cause damage, in fact it is a hazard for any people who have activity in our backyard!
I wrote a complaint letter to next door yesterday. He got back to me this morning – He will pull the existing paling fence down and replaced it with temporary fence (transparent wired). As he said, he will start the wall construction in a month so there is no need to repair the paling fence now.
I think this is very irresponsible. I don’t want builder waving hand through the window while I am still in bed in the morning (All bedrooms are facing the construction site but screened by the damaged existing paling fence)
I will meet the developer tomorrow morning. I definitely need your opinion and suggestion.
Call council or workcover – he is required to keep the site secure. What if your kids or someone else's kids walked onto the site and had an accident or fell down a hole?
What have they done to make sure that your house does not subside?
Have a chat to your solicitor about it. They have probably dealt with such situations before and they'll tell you how they'd handle it.
Jacqui Middleton | Middleton Buyers Advocates
http://www.middletonbuyersadvocates.com.au
Email Me | Phone MeVIC Buyers' Agents for investors, home buyers & SMSFs.
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