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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 23062
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Our next door neighbour has built a new home,he has had to

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Our next door neighbour has built a new home,he has had to put landfill on the section as it is a council requirement,he has built a fence between our properties and it is very unstable as he has put the retaining wall on our side and the posts have not been put in properly and the pailings are all loose.Can we do something about this through a lawyer.

christhelawyer : HiWelcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear
christhelawyer : You should first (if you have not already) get an engineers report on the structure and the condition.
christhelawyer : This will enable you to approach the neighbour and the council with a strong case to get them to remedy this.
christhelawyer : There are obligations on the council to ensure any structure like this meets the correct standard and faced with evidence the council will need to act to make the neighbour fix the structure
christhelawyer :

The neighbour also has obligations to ensure his structure does not collapse on to your side. So the engineers report will enable you to have an informed discussion about this with the neighbour.

christhelawyer :

If the neighbour and the council do not do anything, then you can instruct your lawyer to place them on notice that you will sue them for any damage which results.

christhelawyer :

I realise you have spoken to them already, but presenting them with hard evidence is much more compelling

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