Australia Law

Have Australian law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

A building development has taken place directly behind my…

A building development has...

A building development has taken place directly behind my back fence. The land area was professionally surveyed and pegged / mark by a registered surveyor. The developer has entered over the dividing line by 0.5m and taken down an existing fence WITHOUT any form of communication. The fence was actually inside the boundary - on my land - and not on the dividing line. I have looked into the Dividing fences Act and am pursuing through the Magistrate's Court the damage they have caused. My inquiry to you is what are the penalties that exist for a builder encroaching upon a neighbour's land and, in the end, causing damage to that property?

Lawyer's Assistant: Since laws vary from place to place, what state is this in?

Western Australia

Lawyer's Assistant: Has anything been filed or reported?

I have lodged numerous complaints with the local shire planning department (including meetings face to face with development officers) all ending up in them pretty much saying "not our problem - deal with it civilly. As mentioned above, I've filed with the Magistrate's Court an application for damages and the baliff is to deliver notice to defendant

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

What are the courses of legal action / recourse I have open to me to further pursue action against the builder. A side note is that they have caused significant damage in other areas as well as violated a number of Building Act (2011) R-Codes

Show More
Show Less
Ask Your Own Australia Law Question
Answered in 5 minutes by:
3/10/2018
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,719
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

Ask Your Own Australia Law Question
Customer reply replied 4 months ago
ok
Customer reply replied 4 months ago
Hi Leon, I don't really have time for a phone conversation - I have hundreds of photos and I'm in the process for putting together

Good Morning

You can ask him to stop work as he has now encroached into your land and you can show the pegs.

There are no penalties as such.

You can seek that they pay the fill costs of the moving of the fence and any other damage they cause to your land can also be compensated.

You have done the correct thing by filing and you should also be seeking an injunction to stop any further work if the fence is not yet completed.

As you have no contract with the builder you cannot do anything to him. But the owner of the land can sue the builder and also seek that he be penalised for being negligent. Your action is against the owner of the land.

In order to assess your further damages such as damage to gardens etc you should have an independant fencer give you a quote as to what the movement will cause in terms of this. You can then rely on that report.

You should also get an up to date survey showing the encroachment and seek the costs of that survey back in your claim.

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. You rating my work 5 stars allows me to continue to provide a service to those who require it.

I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon

Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,719
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified
Leon and 87 other Australia Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 months ago
Hi Leon, yes it does make sense. I have had tradesmen over to look at the damage (including a fencer) and the landslip from my side of the fence is significant. The development behind me is actually 10 units. Construction is not yet complete but is very close. (I am not aware if any of these have been sold yet) The development took place over 2 blocks. They were back to back and they were simply both bought and joined into one - allowing developers to build between one street and the next.
In my submission to the MC I have simply written - via their proforma / official documents that I am seeking $4000 compensation for repairs to my land (relaying paving, fence repair) I have only just seen the surveyor's peg in my photos and the marking on the fence next to it re-inforce the fat that it is 0.5m from the dividing line. Therefore, the builder's have entered my property to pull down the fence and damage my land. Including the re-survey, what other areas (eg criminal damage) are the developers liable for?
Customer reply replied 4 months ago
I should also add that the Shire gave the developer permission to cut down load and insufficient suring up was in place before they cut down.

Good Morning

If they are not supporting your land and putting up a retaining wall this is an issue for them and you may need to get an engineer to give you a report.

The councils are not taking the responsibilities they should as the law now allows for private certifiers

You have to be able to substantiate the losses and the expert evidence will assist you with that.

The damage has to be set out and photos are excellent as they show what happened.

There is no criminal element in this.

They are only liable for damage they have caused and the cost of the repairs.

That is all. Unlike the US you cannot claim for inconvenience.

If your expert says that there is an error made by council you can sue them as well for negligence.

I hope this makes it clearer and all the best.

Thank you for your rating and if there is anything further please do not hesitate to come back to me.

Regards

Leon

Ask Your Own Australia Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a solicitorLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Leon Your Own Question
Leon
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,719
46,719 Satisfied Customers
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Leon is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Deborah Awyzio

Deborah Awyzio

Solicitor

863 satisfied customers

Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Sean

Sean

Experienced lawyer

855 satisfied customers

Law degree with 1st class honours from Australian National University.

James G.

James G.

Lawyer

17 satisfied customers

Australian Legal Practitioner

Darren Kruse

Darren Kruse

Solicitor

16 satisfied customers

Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.

Leon

Leon

Solicitor

46,719 satisfied customers

BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Daniel

Daniel

Solicitor

5,940 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

John Melis

John Melis

Lawyer

3,106 satisfied customers

Principal Lawyer at Legal AU Pty Ltd

< Previous | Next >

Related Australia Law Questions
I am in the process of building with a larger builder. The
I am in the process of building with a larger builder. The land was initially pegged so we could see the land area. As the build has gone on the pegs have been knocked over or taken out so I can't ide… read more
Leon
Leon
Solicitor
Master's Degree
46,719 satisfied customers
Can you do boundary law? WA, no, my neighbour has been given
my neighbour has been given a permit from the shire to build a zero lot wall. I told the shire that the plans the neighbour submitted showed his wall on my property. They said it would be taken in good faith that the neighbour would build within his own boundary. The neighbour has given me 7 days notice to remove the fence and start building as per his permit and his plans. However, he hasn't given me a copy of 25A (boundary realignment certificate) and refuses to do so. I have employed a surveyor who will come to my property next week, but this is after the neighbour intends to start building - on my land. The Shire is refusing to intervene because, even though they issued the permit, they say it is a civil matter. Dividing Fences act states that neighbour should not move the boundary until we both agree, however, he is bypassing this with his permit that the shire approved … read more
Leon
Leon
Solicitor
Master's Degree
46,719 satisfied customers
We are from the Fraser Coast Region Qld - How far inside an
Good afternoon Pearl, We are from the Fraser Coast Region Qld - How far inside an existing erected i.2m High Ring Lock dividing fence can a neighbour erect a 1.8m Colour Bond fence on his their proper… read more
Leon
Leon
Solicitor
Master's Degree
46,719 satisfied customers
from ray about fence gave a answer (act 1968 vic ) sect 9 &
from ray about fence gave a answer (act 1968 vic ) sect 9 & sect 12 this does not tell us does the council to do some thing to stop work seeing they gave out a permit to build & most of all how do we … read more
James D. Ford
James D. Ford
Lawyer
1,600 satisfied customers
1. A developer wishes to build two residential properties on
1. A developer wishes to build two residential properties on an existing (now subdivided) block 2. The buildings will encroach the neighbouring property, both within the regulated 900mm of the boundar… read more
Havenlawyer
Havenlawyer
2,531 satisfied customers
My Sydney property was bought 15 years ago. The survey showed
My Sydney property was bought 15 years ago. The survey showed NO encroachments. One measure given showed 0.24m from the neighbours property. During a fence dispute a new survey was undertaken by the s… read more
Leon
Leon
Solicitor
Master's Degree
46,719 satisfied customers
We live on a farm at grafton nsw aust.My neighbour took me
We live on a farm at grafton nsw aust.My neighbour took me to the local land board in regards XXXXX XXXXX fencing dispute.He sold me the farm 10 years ago but subdivided 80 ac off ,built a house.four … read more
Leon
Leon
Solicitor
Master's Degree
46,719 satisfied customers
Is there a legal definition of an "additional fence" in NSW
Is there a legal definition of an "additional fence" in NSW that is not on a boundary fence and would not be covered by the dividing Fences Act 1991? We have a perfectly good dividing fence with our n… read more
Leon
Leon
Solicitor
Master's Degree
46,719 satisfied customers
A recent boundary survey by our neighbours who are rebuilding
A recent boundary survey by our neighbours who are rebuilding revelealed that the existing fence adjoining our properties was built inside their boundary by the previous owners. The fence was there wh… read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
5,940 satisfied customers
I have lived next door to my neighbor for 22 years, they have
I have lived next door to my neighbor for 22 years, they have been there over 30yrs. about 12 yrs ago we agreed to replace the original fence that had been there since 1962/3. so I could replace the e… read more
Leon
Leon
Solicitor
Master's Degree
46,719 satisfied customers
We purchased a proptery and demoished the existig (derlict)
We purchased a proptery and demoished the existig (derlict) house and have constructed a duplex in its place. As part of the DA process we otained a report from a registered surveyor, which shows one … read more
Leon
Leon
Solicitor
Master's Degree
46,719 satisfied customers
Recently I built a new dwelling. For various reasons mainly
Recently I built a new dwelling. For various reasons mainly a difficult council we had to put in a separate DA for fencing. The main issue is I have built a new masonry rear fence on the boundary line… read more
Leon
Leon
Solicitor
Master's Degree
46,719 satisfied customers
To whom it may concern, I have purchased a residential block,
To whom it may concern, I have purchased a residential block, that has no pegs to indicate boundarys, between myself and nieghbour, there is also a shed which straddles both blocks and ofcourse no div… read more
RJBLAW
RJBLAW
Principal
Bachelor's Degree
306 satisfied customers
We are in the process of building a pool and replacing an existing
We are in the process of building a pool and replacing an existing timber fence with a masonry one. These have been approved via a Development Application which was objected to by our neighbour. One o… read more
Havenlawyer
Havenlawyer
2,531 satisfied customers
WHAT IS THE LEGAL WIDTH OF A FENCE FOUNDATION BETWEEN PROPERTIES HOW
WHAT IS THE LEGAL WIDTH OF A FENCE FOUNDATION BETWEEN PROPERTIES HOW MUCH OF THE FENCE FOUNDATION IS ALLOWED TO PROTRUDE INTO THE ADJOINING PROPERTY. IS THE FENCE FOUNDATION ALLOWED TO COVER THE REAR … read more
Leon
Leon
Solicitor
Master's Degree
46,719 satisfied customers
Hello. I am just googling about Title by adverse possession
Hello. I am just googling about "Title by adverse possession" and found your website. I have recently purchased a one acre property in a rural zone in Tasmania. When the builders did a final measure t… read more
Peter J R Gauld
Peter J R Gauld
Solicitor
Bachelor's Degree
571 satisfied customers
I need to find a lawyer who can help me stop the site works
I need to find a lawyer who can help me stop the site works on the property next door to me. They have claime about .5m metres of my land at a depth of about 1 - 1.8 meters for about 20m. I don't thin… read more
Peter J R Gauld
Peter J R Gauld
Solicitor
Bachelor's Degree
571 satisfied customers
I am buying my home and have been living in my house for 3
I am buying my home and have been living in my house for 3 years. The house next door has just been sold and the new owner has approached me saying that he has had our land servayed and the fence line… read more
Alex Nelson
Alex Nelson
Principal Solicitor
Bachelor's Degree
62 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x