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The neighbour has started building a house close to the

The neighbour has started...

The neighbour has started building a house close to the fence and has lower the land on his side. i have expressed concern as to how the soil erosion is manage to the council but the approval was given anyway. The land on my side has suffered soil erosion leading to the fence leaning, exposing the stump to the fence post and is unstable. They are willing to elevate the stump and concreted it but has not address the expected ongoing erosion. I believe that they are responsible for the damage. if so how can i ensure that the damage is repaired. How can i make them be responsible for the costs than has incurred.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Victoria

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

I have been to city council but has been advised to resolve ourselves or seek legal advise. There is no written plan or professional report from the neighbour. i have paid for a structural engineer to report on the damage.

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Answered in 5 minutes by:
3/11/2018
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,336
Experience: Principal Lawyer at Legal AU Pty Ltd
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Hi, my name is***** solicitor in Melbourne. Thank you for using Just Answer, and I will answer your question today, and ask various questions to narrow the issues in your post raised.

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have you been to the council to see the planning application permit yet ?

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On the facts you have described the builder has failed to provide a protection notice to you, and taken the necessary steps to secure the fencing that was already standing.

In this situation the law will protect you.

First option to is to try and mediate with the owner next door, not the builder.

If the owner refuses the next step is to issue a formal complaint to the owner and builder.

What you need to do is to write a formal complaint to the company. This complaint needs to be in a chronological order detailing what is the issue and what action you have taken to try and rectify the matter.

The complaint needs to be in a chronological order with numbered points 1, 2, 3, etc.

The complaint needs to have detailed what you need fixed and for a time limit of a minimum of 14 days to apply.

The complaint then needs to be sent to the dispute resolutions department. Make sure you keep a copy for yourself.

Preferably send the complaint by email.

If you do not receive a reply within 14 days issue a follow up complaint to the first complaint issued.

If no response is received then it is time to commence an action in the local tribunal domestic building resolution disputes Victoria.

Would you like to try this option first.

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You can come back to this post any time to ask questions and there will be no further charges to you.

Don't for get to rate me for 5 stars as this supports me helping the community and thank you for using Just Answer.

John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,336
Experience: Principal Lawyer at Legal AU Pty Ltd
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John Melis and 87 other Australia Law Specialists are ready to help you
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Customer reply replied 4 months ago
we have met the builder, owner representative, surveyor before.
they had listened and said they will fix it, but essentially now ignore the concerns we have.
the builder has essentially disengage and has expressed no concern for future erosion
if the fix is inadequate what are we to do?
Customer reply replied 4 months ago
i have decided to follow the complaint letter to the owner path.
thanks

you are welcome

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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).

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