Hi guys,
I am new to this forum and would like to receive any help possible with respect to Property Law.
My parents purchased a property which was an ex-demonstrator house completed approximately (5) years ago, however they have lived in the property for approximately 18 months. The property is rather elevated and the neighboring two storey property is on a level surface next door.
Both of these properties were ex-demonstrator and had a common pathway between the lots. When my parents and the neighbor settled on the blocks, the builder instructed both parties to erect a fence between the two.
Issue One :
Over the course of approximately 18 months of ownership, they had no issues. Until recently, they noticed joint expansions within the property. After further investigation, it turns out that the retaining wall had an issue, which was causing my parents' house to shift into the neighboring yard. After an investigation to the cause of the matter, it was determined that the plant roots had grown into the retaining wall which inevitably caused the shift.
From my understanding the property was still under guarantee when they lodged a formal complaint to the builder. Naturally the builder has denied the claim stating that it was my parents' responsibility to maintain the plant (roots). From this response, it now makes sense as to why the builder did not install the fence between the properties on the first place and merely passed on the risk.
Issue Two :
The neighbor has erected a fence between both properties without the authority of my parents.
Questions:
1. What legal standing do my parents have against the builder with respect to the retaining wall being built correctly?
2. Is it correct for the builder to assume that an incoming tenant maintain the roots of plants which the builder actually originally planted ?
3. Is main benefit of the retaining wall to my parents on the elevated property, or the neighboring tenant on the level property? If so, who's responsibility should it be.
4. Given the neighbor has now erected the fence, do they have to provide access or fix the retaining wall as it is on their side?
5. Does the neighbor have a right to install a fence and seek contribution without our authority?
6. Is it considered to be negligence for the builder to plant so close to the retaining wall, without maintaining them?
Any help or assistance towards these questions would be most appreciated.
I am new to this forum and would like to receive any help possible with respect to Property Law.
My parents purchased a property which was an ex-demonstrator house completed approximately (5) years ago, however they have lived in the property for approximately 18 months. The property is rather elevated and the neighboring two storey property is on a level surface next door.
Both of these properties were ex-demonstrator and had a common pathway between the lots. When my parents and the neighbor settled on the blocks, the builder instructed both parties to erect a fence between the two.
Issue One :
Over the course of approximately 18 months of ownership, they had no issues. Until recently, they noticed joint expansions within the property. After further investigation, it turns out that the retaining wall had an issue, which was causing my parents' house to shift into the neighboring yard. After an investigation to the cause of the matter, it was determined that the plant roots had grown into the retaining wall which inevitably caused the shift.
From my understanding the property was still under guarantee when they lodged a formal complaint to the builder. Naturally the builder has denied the claim stating that it was my parents' responsibility to maintain the plant (roots). From this response, it now makes sense as to why the builder did not install the fence between the properties on the first place and merely passed on the risk.
Issue Two :
The neighbor has erected a fence between both properties without the authority of my parents.
Questions:
1. What legal standing do my parents have against the builder with respect to the retaining wall being built correctly?
2. Is it correct for the builder to assume that an incoming tenant maintain the roots of plants which the builder actually originally planted ?
3. Is main benefit of the retaining wall to my parents on the elevated property, or the neighboring tenant on the level property? If so, who's responsibility should it be.
4. Given the neighbor has now erected the fence, do they have to provide access or fix the retaining wall as it is on their side?
5. Does the neighbor have a right to install a fence and seek contribution without our authority?
6. Is it considered to be negligence for the builder to plant so close to the retaining wall, without maintaining them?
Any help or assistance towards these questions would be most appreciated.