Hi Our neighbor would like to access our property with a Crain to place a shipping container into their backyard. Would we be liable if anything was damaged or injured?
Neighbors accessing your property to work on theirs.
LMareeparish on 30/01/2015 - 21:18
Comments
I think that you'll only be liable if there is an issue that you ought to have known about and ought to have done something/warned them about prior to the work but failed to do so, resulting in damage/injury to person or property
Why don't they get a bigger crane and load it from the street. It's not your problem and if your posting here then your not happy about it. Just say NO
I suppose there is a potential occupiers' liability issue.
I would check with your insurer and get indemnification from the neighbor…
Good luck.the crane operator would have public liability insurance if something happens.
you could always ask the neighbours to sign a basic indemnification agreement.
e.g. "we, the undersigned, acknowledge that Mareeparish is at no fault nor bound by any legal obligation(financial or otherwise) for the access provide of his property (at #X st) on X/X/2015 for the sole purpose of transporting a shipping container into our own property (at #Y street) ".
unless you leaving exposed electrical cables on the ground or other negligent actions that may cause harm to any reasonable person…
How are they going to get the crane in without tearing up your garden?
I'd listen to your gut feeling. The plan sounds risky and all onerous on you.
Once the shipping container is in your neighbours backyard then how will it get removed? For example, when the neighbour sells their property and wants to take all of their things.
Why hasn't your neighbour chosen other alternatives?
1) Put the shipping container on his front driveway or lawn.
2) Hire a more expensive crane and lift it over their house.
3) Build a garden shed in the backyard.
4) Build a council approved granny flat.
5) Purchase an empty block of land to develop and to place their container.
6) Sell and move to an ideal property.Cranes are heavy trucks that will compound and destroy the ground that they move over.
Used shipping containers are an eye sore. They are like tall ugly walls which are often neglected. They are never re-painted, they don't have water gutters so the water puddles on top, they rust, they make it difficult mow the lawn. Since shipping containers are easy to climb their roof can be a viewing platform or for storing piles more stuff above.Don't feel pressured to say yes if it's not how you feel. All home buyers purchase a property knowing it has limitations. Your neighbour should already be happy with what he's got and you should be happy living with what you bought.
In the past decade there has been a huge increase in people buying used shipping containers. Local councils have cracked down and require approval if it is going to be a permanent structure.
Search on Google for "local council approval shipping container" for a few of the councils.
(http://www.cooma.nsw.gov.au/files/docs/council/policies/ship…)We had a big counsel truck park out of the front of our house, later on that afternoon we noticed water leaking from the ground which turned into a burst water main, which lifted our driveway and flooded the neighbours house.
I wonder if a crane driving over your soil and underground pipes could cause any similar issues?
We also had a neighbour ask the same thing, we told them best to get a bigger crane or go through someone else's property.
Why risk it?
Geez, I'd say so sorry, but it's not worth the risk and time taken to sort out something going wrong. It may break your driveway for example. A bigger crane would put it over but they don't want to pay the money.
Its not worth the risk, OP
Are they f'n serious? And to install what? A shipping container? Politely decline op.
Did they ask you for permission? if not I'd call it trespassing..