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Double Storey House has Ruined Our Home Enjoyment

Discussion in 'Property Law Forum' started by pauline carson, 22 September 2014.

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  1. pauline carson

    22 September 2014
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    We built our "dream"home and thought it would be the home we would always live in. A double storey is being built next door, it is massive! It was taken away all our natural light, our privacy and the house which was once
    warm and bright is now dark and very cold.

    We have to put the heating on very early in the day.
    The house has now decreased very much in value.. who would want to live in it? We have to have the added expense of putting in skylights, building up the fence higher, and the alfreco which was the hub of our entertainment has now lost all privacy.

    They have now built a balcony which is overlooking our spas and the rest of the yard. Would they be liable to pay for the expenses which will incur through no fault of ours? We will have to sell it but who would want to buy it?
  2. Paul Cott

    Paul Cott Well-Known Member

    26 May 2014
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    Hi Pam,

    It is an unfortunate situation you are in but perhaps (and I would see a property lawyer to confirm and or receive advice more generally) there may not be a lot you can do. There is no right to privacy recognised in Australian law as yet.

    I would check with council as to whether all council and or planning requirements have been complied with.

    Good luck.
  3. Sophea

    Sophea Well-Known Member

    16 April 2014
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    Dear Pam,

    I agree with Paul, you should seek specific legal advice from a property lawyer, but I cannot think of any avenue of relief under the law that would enable you to recover costs or diminished value of the property from your neighbours. Provided you are complying with council planning regulations and building approvals etc, a person has the right to build what they want on their own property.

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