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NSW Amusing Neighbourly Dispute While Awaiting Council Approval

Discussion in 'Other/General Law Forum' started by Leksie5000, 27 March 2015.

  1. Leksie5000

    Leksie5000 Active Member

    19 September 2014
    Likes Received:
    Hi. We are a young couple who plan to build our first home. To this end, we have acquired a residential property including existing premises which we intend to either demolish or allow someone to relocate. We have applied to the council for a permit to do same, which was granted. The neighbours received a letter notifying them of this.

    In the interest of neighbourly relations, we popped over with some beers and showed them the plans for the new house shortly before lodging the DA. In the course of this conversation the neighbour asked if he could have some boards of hardiplank off the house “when we were ready to demolish”. We said, yes ok. He also said he would mow our lawn if it got too long (we don’t live there) and would that be ok and we said yes, thank you so allowed him access to our land for that purpose.

    This week, we have gone to the house with a person who may wish to relocate it (saving us demolition fees) to find he has already taken some of the boards leaving a hole in the back of the house. We had thought he would wait until given the ok from us, we still don’t have the DA or finance approved for the new house so would leave it intact until then! It may have been a miscommunication and I don’t wish to disrupt relationships with our neighbour but it does seem quite cheeky to do this before getting the go-ahead.

    What to do?
    Can we leave as is then ask him to redress it only if things don’t go right with our build (ie finance declined and we need to rent the house out awhile.. minus the hole in the back)?
  2. Ivy

    Ivy Well-Known Member

    10 February 2015
    Likes Received:
    Hi there,

    If you think you're going to need the palings back then it's best to address the situation as quickly as possible. Just explain that you're not ready to demolish the house yet and you would like them back until you are ready to do so.
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