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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
1395884 2015-03-07 01:33:00 Hi guys.
Just after a bit of advice. A while back, a project manager of a new house way up the hill wanted access to my sectiion to run a drain to the
stormwater drain on my section.
He said it will all be tunneled under my section, no disruption to me. I said OK.
A month or so later he said he will need to remove a few (horrid) plants in the corner of my section , next to the drain. I said OK, they had just grown there wild, I didnt care.

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. Plus disruption to me & I may not have access to my garage while all this is happening. Other disruptions involved as well that were mentioned today.
There is no way a huge digger can get down my section without making a huge mess & cutting down fences, ruining brick pathing.etc. Theres no way a digger can get easy access through the section without clearing a path for it

My peeve is I was totally mislead from day 1, (lied to). They waited untill a few days before to let me know the truth.
So I refused access, on the basis that its not what I agreed to, the mess thats going to be made of my section & total lack of notice.


So what should I do, stand my ground ? Or let them through anyway ?. Im sure theres more Im not being told, its no longer the minor thing i agreed to.
Can they force the issue & get access anyway ? If so do I have to let diggers come in pull my section apart for access?

Cheers
Any advice appreciated, they said it would start next week .
1101 (13337)
1395885 2015-03-07 01:44:00 $1000 a day for disruption and for it all to be put right afterwards. Let's hope it takes them at least a week plod (107)
1395886 2015-03-07 01:47:00 Nothing down in writing, only verbal.? They wouldn't get on my section. ! ! BobM (1138)
1395887 2015-03-07 01:49:00 Tell them to FO!

Better still, get in touch with the PGDB (www.pgdb.co.nz) - Freephone 0800 743 262
Zippity (58)
1395888 2015-03-07 02:00:00 Have a look here (collinsmay.co.nz) and here (www.conveyit.co.nz). Zippity (58)
1395889 2015-03-07 02:04:00 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!!! Bryan (147)
1395890 2015-03-07 02:08:00 $1000 a day for disruption and for it all to be put right afterwards. Let's hope it takes them at least a week

Ive had experience with 'all put right' clauses in the past. It doesnt happen. I had one guy replant the same dead tree they killed after I complained, Other time I allowed a drain to got though my section I was left with the clay they didnt bother to remove.
My section is sort of split level, its a bad choice for heavy access. They could get direct access via 3 of my neighboors drives , only would need to remove a section of fence.
I dont have any issue with diggers doing ther work at the end of the section, Im reasonable about this, buts its now all a bit over the top.
Perhaps they though I was an easy mark who wouldnt complain ?

I did give written consent,many months ago, but not for this. It was originally just a drain tunneled dug under my section .
I better check what I signed, I may have been mislead.
After all this the contractor seemed to think I was being unreasonable.
1101 (13337)
1395891 2015-03-07 02:19:00 Maybe a bond lodged with a lawyer would help with the putting right. If it was me I would just say no. Wouldn't buy a house if it needed access from adjoining property's for services plod (107)
1395892 2015-03-07 02:34:00 Be nice to Contractors, you’ll find it good advice. :) Take them beer for afternoon tea and they’ll tidy up and restore any damage properly. You see they are used to dealing with troublesome buggers and have ways and means of dealing with them. ;)

Further, in your case, you may have a problem in that you say they are connecting to an existing drain on your property which may include an easement, which in turn could give them more rights than you. :crying
B.M. (505)
1395893 2015-03-07 03:35:00 Tell them ok but digger must be no bigger than 900 kg like a Takeuchi TB19 and have track widening set up , work completed before start of wet season in May. And several boxes of piss. prefect (6291)
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