Developer's dodgy reclaim land

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Joanne Tan

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17 November 2015
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We bought the land that used to be a bluestone quarry. Within a year of living in the house built on the land, we started seeing cracks. The builder investigated and decided that the land is slipping away and even underpins won't work. The developer is contacted and we wanted a mediation to get compensation to get out of the mess. The developer is avoiding the mediation with many excuses while the builder is only willing to mediate when the developer is involved. Please advise what can I do?
 

Rod

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27 May 2014
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See a lawyer.
 

Rod

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You get a lawyer who explains the options, processes and starts down the preferred option path. You take back control and force events to happen.

May not be quick but at least the proper process gets started with or without the cooperation of the developer/builder.
 
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Joanne Tan

Active Member
17 November 2015
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31
You get a lawyer who explains the options, processes and starts down the preferred option path. You take back control and force events to happen.

May not be quick but at least the proper process gets started with or without the cooperation of the developer/builder.

It's the forcing through that I got stuck.

The land has sunken, causing the road and footpath to be broken too. My neighbour has moved out as their house is on the verge of collapse due to the same cause. The rest is just empty land. We can bring the builder to VCAT but I'm told we can't do the same for the developer. I wonder do we have a strong case here against the developer? and how? My solicitor is leading us on the path of VCAT with the builder... not yet but soon..
 

Rob Legat - SBPL

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16 February 2017
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I’d suggest looking into the development approvals with the local Council. For the type elf th8ngs to occur that you’re talking about, there is likely to either be dodgy approvals or dodgy certifications.

You may then have an angle against the developer, and /or Council.

It probably warrants some media attention too. That may get some things moving.
 
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Joanne Tan

Active Member
17 November 2015
6
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31
I’d suggest looking into the development approvals with the local Council. For the type elf th8ngs to occur that you’re talking about, there is likely to either be dodgy approvals or dodgy certifications.

You may then have an angle against the developer, and /or Council.

It probably warrants some media attention too. That may get some things moving.

Thanks Rob... I'll get to the Council for the development approvals.