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Thread ID: 139076	2015-03-07 01:33:00	drainlayers want access to my section, they will tear it up with diggers	1101 (13337)	PC World Chat

Post ID	Timestamp	Content	User
1395894	2015-03-07 03:50:00	If they are going to vary what they have agreed with you just tell them that it's not what was agreed too If they get shirty get legal advice and try to arrange compensation (new grass,shrub's and your inconvenience),sounds like they are trying to have you on	Lawrence (2987)
1395895	2015-03-07 08:35:00	Tell them to FO! ^ What he said! They either do it the way they first said, or they get stuffed. It's just one party trying to do the work on the cheap, at your expense. Also your place is not the only place with a drain. Just pray they aren't allowed to let this water run on the surface into your place instead.	Paul.Cov (425)
1395896	2015-03-07 08:48:00	Two thoughts come to mind 1101: 1. If there is an existing drainage easement then you can't prevent the work, even though you are being very reasonable. The easement will be noted on your title. The other property owner is required to put your own property back in good order. However - and this isn't always understood - if trees, patio, garden shed etc are constructed over an easement then that is the owners mistake. Just don't do it. Only plant construct etc things over an easement line which can be easily moved. 2. If there is no easement (as I suspect is the case here) then you have an absolute right to say No. You have my utmost respect for being helpful and agreeing on the understanding there would be no harm to your property. Unfortunately if you have signed something then its likely you have granted an easement which may not yet be legally created (needs a survey plan and further quite detailed signed documents). You can make life difficult for them. In fact I would if I was you. Decent people are often bulldozed by developers and taken advantage of. You really should have asked your solicitor right at the beginning. A simple phone call. Land law is a complex subject and is a full year of study by itself. But never mind, give your solicitor a call now.	Winston001 (3612)
1395897	2015-03-07 17:06:00	See if you can get that lawyer from the Aussie film the castle.	prefect (6291)
1395898	2015-03-07 18:57:00	H He said it will all be tunneled under my section, no disruption to me . Today a contracter turns up, saying next week they they need to drive a 4 tonne digger through my section, removing my clothes line, some of my nice trees & dig a huge trench at the bottom of my section . So what should I do, stand my ground ? Or let them through anyway ? . . I'd be standing my ground now . You let them do some of it - in a way they first indicated . Now they want to trash the place . . . no . Our first place, council needed to come through our place to get at a back section . . . . they broke the drive with their trucks - but that was expected . Before the left the re-concreting the lot - including parts that hadn't had any concrete in the first place . But what you've described - I wouldn't trust a developer . . . . and that's too much .	pctek (84)
1395899	2015-03-07 22:38:00	Get legal advice as soon as. To be able to access your property, they need your full, written agreement. My son, a builder, need access similar to your protagonist. The lady at the back of his section really made him work to get access and he had to pay her a fee and set right all the damage done. It took months to resolve. Most Councils require the developer to get written agreement from the affected parties before they will grant a consent for the drainage work to begin. Get tough!!! Yep - this was my first thought. As a builder, all paper work needs to be done with consent from neighbours on what work is to be done and how BEFORE construction begins. To the best of my knowledge it applies to all councils, not just most. Having said that, drainage is an issue that you will pay the ultimate price for. If you fail to allow them to do the job, and by some reason construction has been allowed to begin, the water runoff sounds like it will go straight through your property.	Krakka (17266)
1395900	2015-03-08 00:12:00	OK . The drain is doubtlessly a Council/Local Body requirement, but it is needed for another private residence, so there should be no way way they can arbitrarily force entry or get is started without the other party (spec builder or section owner) reaching a formal agreement with you . If they were to try, you could reasonable claim it was a 'home and property' invasion and call the Police . They should be offering compensation for loss of amenity (not to mention peace and quiet) while the work takes place . Legal advice is needed (all costs ultimately to the other party, you don't want or need the drain so it should be zero cost and a compensation payment for inconvenience etc if you did let it go ahead . When our (very good) neighbours needed a new sewer line installed to replace their old ceramic pipework, after appropriate discussions etc we declined access because it would damage our new driveway, so they got in an excellent drainlaying team who dug it all by hand . You need to stand your ground , but rather than get into lawyers at this stage, tell them that you refuse access and call the police if they threaten or try to force entry from either side of the property . Your original agreement isn't worth the paper it wasn't written on, unless their lawyers sent you a letter minuting the agreement . Cheers Billy 8-{)	Billy T (70)
1395901	2015-03-08 00:17:00	I am in favour in getting lawyered up. All you want is reciprocal consideration.	Cicero (40)
1395902	2015-03-08 01:53:00	See if you can get that lawyer from the Aussie film the castle. But make sure you get the right one ;) The guy who couldn't fix the photocopier wasn't much good (If it were me, I would be inclined to let the developer do the engineering thing. I would probably angle a sweetener. Like getting Mrs Micro to tell him I'm pretty annoyed and thinking of court action. "Perhaps you could get him a new Galaxy S6 or something")	BBCmicro (15761)
1395903	2015-03-08 05:12:00	Im starting to calm down a bit now :-) , I was pretty angry yesterday. I had a look at other access options. The neighbor behind my has a drive going to within 15 feet of the drain. easy access Neighboor on the side has a drive going to with 25feet, then flat section to with 5 feet of the drain. easy access. So somethings a bit fishy. either the contractor is a moron & choose the hardest possible access route , or my other neighbours refused or wernt asked. Previous drain work was done by accessing via the neighbors section at the back. That was fine, zero disruptions or issues. I'll make a ph call tommorow, tell them I have lost all trust with everyone involved. From memory, what I signed was a basic 1 page doc to allow them access for surveying & an underground drilling of the drain etc. But it was months back, I could be wrong. I certainly didnt sign any plans or detailed docs. Dont want to get lawyered up unless they force my hand or try & bluff me . No one wins when lawyers get involved. Thanks for the advice, will update when I ring those involved. Cheers	1101 (13337)
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