Unapproved Drilling along Shared Driveway - Need Advice

mreddie on 28/02/2019 - 11:29
Last edited 28/02/2019 - 12:05

Long story short….. I own a townhouse next to another one, the driveway is joined if you like and follow a path into our garages (also joined). Yesterday the Property Manager for the second townhouse (it's a rental) organised without my knowledge exterminators to come to the second townhouse and do inspection works for Termites.

What I didn't realise and what I discovered that day when I got home from work is that they ended up drilling large holes into the driveway and around the surrounds of the other townhouse (I assume to get down deep within the house to do the inspection). My question is isn't the driveway a shared common area? shouldn't I have been consulted about the planned works, even though the holes are on my neighbours side? The holes have been filled in but they don't match the colour of the concrete and it looks terrible. I have no issue that the Termites need to be treated and is serious, but it's the fact we were never consulted beforehand.

Home & Garden

closed Comments

  • HighAndDry on 28/02/2019 - 11:31
    +2

    My question is isn't the driveway a shared common area?

    Depends. You'll need to look at the registered plan for the townhouse complex.

    • mreddie on 28/02/2019 - 11:33

      It is from what I can see. The site is made up of one driveway, original house in front and two townhouses follow directly behind.

      • HighAndDry on 28/02/2019 - 11:34
        +3

        If the registered plan (and just to clarify, this is the actual plans lodged with Land Victoria) says it's your land or common property, then it is, and yes permission should've been gotten.

      • Seraphin7 on 28/02/2019 - 15:01
        +11

        That doesn't necessary mean it is a common area. The driveway may be owned by one party with an easement granted to other parties. The detail of this is important before you start.

  • whooah1979 on 28/02/2019 - 11:37
    +5

    Please provide images.

    • Quantumcat on 28/02/2019 - 17:50
      +20

      Preferably drawn in ms paint

      • ireadtermsofuse on 01/03/2019 - 09:32
        +1

        Uploaded as a .pdf

        • tessel on 01/03/2019 - 12:41
          +1

          Compressed using 7zip.

          • Xiaomi on 01/03/2019 - 14:48
            +1

            @tessel: and download it on LimeWire

  • Presence on 28/02/2019 - 11:37

    How large is large?

    • mreddie on 28/02/2019 - 11:38

      Big white spots along the drive, visible to the eye.

      • Presence on 28/02/2019 - 11:40
        +1

        How large in mm?

        • mreddie on 28/02/2019 - 11:46

          think roughly 20mm diameter each

          • whooah1979 on 28/02/2019 - 12:01
            +13

            @mreddie:

            20mm

            Big must have a different meaning to different people. 20mm is the size of a $2 coin.

            • mreddie on 28/02/2019 - 12:03

              @whooah1979: Probably closer to a 50c piece looking at them again. At least 10 in a row.

              • ihbh on 01/03/2019 - 09:33
                +1

                @mreddie: Give it a bit of time and they will fade into the rest of the driveway with help from the weather.

                • Blitzfx on 01/03/2019 - 09:49

                  @ihbh: Yeah. Plus I really don't care about the look of a driveway. So long as it's functional

                  Do people really evaluate the value of a house on multiple 20mm holes in a driveway?

                  • Quantumcat on 01/03/2019 - 12:02

                    @Blitzfx: What's worse, a house that's falling apart from termites with a spotless beautiful driveway, or a solid one with some spots on the driveway?

  • nocure on 28/02/2019 - 11:38
    +23

    I would be more worried about the termites, the holes are for treatment, not inspection.

    • mreddie on 28/02/2019 - 11:40

      I understand that and yes Termites are a big issue which I'll try to get more info about from the work done. But my question is relating to how the work was performed. We weren't notified and did they need to drill, could they have tried something less destructive first? If it needs to be done that way then that is fine, but we weren't given the chance to know what was going to take place.

      • Hithere on 28/02/2019 - 12:53

        What did your Property Manager say when you approached them and asked what's going on and why you weren't notified?

        • mreddie on 28/02/2019 - 12:57
          +1

          The neighbour's PM has been MIA

        • geech on 28/02/2019 - 13:39
          +7

          PM probably wasn't sure, so suggested Ozbargain

  • Fergy1987 on 28/02/2019 - 11:39
    +4

    Sounds like they drilled to dump a bunch of chemical………looks like you wont get termites for a while.

    • mreddie on 28/02/2019 - 11:40
      +1

      I'm well aware of why they've done it, but that is not my question.

      • stirlo on 28/02/2019 - 11:43
        +15

        So sounds like you got a good deal then? Termite in the area that almost certainly would have damaged you house are gone and the neighbor paid for all of it… But no you're whinging about some concrete…

        • mreddie on 28/02/2019 - 11:48
          +2

          you are missing the point. I understand the importance of the termites but was unaware of it - of course its an issue. I have no problem with work being done to solve the problem, it's how the work was done without our knowledge?

          • raiseyoursteaks on 28/02/2019 - 12:39
            +4

            @mreddie: seems like you dont talk to your neighbours let alone have any small talks.

            • mreddie on 28/02/2019 - 12:41
              +2

              @raiseyoursteaks: It's via a Property Manager, the neighbours talk but not about these issues - they go straight to the property manager as they should, they have done nothing wrong.

  • 87percent on 28/02/2019 - 11:48
    +5

    Would you rather holes in concrete, or holes in your house from termites?

    • mreddie on 28/02/2019 - 11:52
      +1

      Again you are missing my point. Of course the termites are the bigger issue, I'm well aware of that. It's just how the work was conducted in a private and shared driveway without our knowledge.

      • 87percent on 28/02/2019 - 11:54
        -3

        If you want to take them to court over something so trivial, go ahead. You're not likely to get an answer here. Go and spend X amount of dollars, I honestly hope you do and the judge just laughs at you

        • mreddie on 28/02/2019 - 11:54
          +1

          I don't wish to take anyone to court

          • Fergy1987 on 28/02/2019 - 12:01
            +6

            @mreddie: Then you don't need legal advice

          • 87percent on 28/02/2019 - 12:57
            +11

            @mreddie: Your thread title was LITERALLY "Unapproved Drilling along Shared Driveway - Need Legal Advice" before you edited it…

            • mreddie on 28/02/2019 - 12:58

              @87percent: I changed it because I just want "advice", and in hindsight don't want to do anything legal about it……short and sweet just wanted to know my rights in such a sceanrio… is that ok?

              • Quantumcat on 28/02/2019 - 17:52

                @mreddie: If you want to know your rights you need to talk to a lawyer

    • JIMB0 on 28/02/2019 - 13:22
      +13

      Would you rather holes in concrete, or holes in your house from termites?

      That would depend if the termites gave notice prior to making the holes.

      • Archi on 28/02/2019 - 14:25
        +3

        OP wouldn't be happy about that.. termites not notifying him before munching on his house

      • 87percent on 28/02/2019 - 20:32
        +1

        Those inconsiderate termites

  • Cleaner on 28/02/2019 - 11:58
    +2

    Your beef with your neighbor is that he did something good for both of you without asking you , correct?

    • mreddie on 28/02/2019 - 12:01

      It's property managed, the owner doesn't live there. I have no problem with the works being done but being told what was about to take place and how it was going to be done would have been nice considering it's a shared area.

      • Fergy1987 on 28/02/2019 - 12:02
        +1

        Would you have agreed to the treatment if they spoke to you and said they were going to drill holes?…………If yes, problem solved.

        • mreddie on 28/02/2019 - 12:04

          I would have asked if there were other ways to achieve the same thing and be less destructive, if they'd said no that's the only way then that is fine of course proceed - but weren't given that chance.

          • hikaru78 on 28/02/2019 - 12:18
            +6

            @mreddie: thats how they treat termites… move on

    • [Deactivated] on 28/02/2019 - 16:27
      +11

      Plot twist - OP is the termite who lives next door.

  • cookietime on 28/02/2019 - 12:28
    +6

    I can understand your frustration. It would be nice to have a discussion, however there can be miscommunication when the property is handled by an agent, say the agent didn't think of notifying you about the work while the owners expected that the agent told you.

    If you want to move on, perhaps look at the positive side of the situation. If I were you, I would arrange a termite inspection to see if there is any termite damage in the house.

    I've just had termite treatment done for my house. Yes, I agree with you that they look terrible but that was probably the best option that we could have. The holes around my house are less than 1cm in diameter and there are hundreds of them (one every 10cm or so) but that's better than having to pull the house down because of termite damage like a colleague of mine is currently doing.

    • mreddie on 28/02/2019 - 12:34
      +1

      finally someone gets it! Thank you. I totally agree with this, it's more the frustration with the Property manager and their mismanagement - completely fine with solving the termites issue and agree it will be good for everyone long term.

      • kolorijo on 01/03/2019 - 09:02

        call them and let them know to contact you for future potential work around your neighbors house then.

  • petry on 28/02/2019 - 12:37
    -6

    many termite treatments are cancer causing. you should have been made aware of the treatment and the chemicals used simply for that fact alone.

    • sraymond on 01/03/2019 - 06:48

      Not since 1990

      • munecito on 01/03/2019 - 08:14

        And vaccines are autism causing.

        And the earth is flat.

        • muncan on 01/03/2019 - 08:37

          https://xkcd.com/925

        • Rel63 on 01/03/2019 - 09:32
          -6

          Why are these so often put together, vaccines can cause autism and of course the earth is not flat.

          • Ahbal on 01/03/2019 - 10:05

            @Rel63: Vaccines can cause autism? And where did you learn that? Some non scientific blog?

  • chumlee on 28/02/2019 - 13:01
    +3

    You're not going to get many direct answers with all the self righteous people on ozbargain these days.

    Yes you should have been consulted by the property managers or even the owner who most likely approved it.

    Perhaps as that they cover the top of the holes in same colour concrete at their cost?

    • mreddie on 28/02/2019 - 13:06
      +1

      Yeah it seems that way in terms of responses. Think i'll wait for an official response from the Property Manager and take it from there.

  • trustnoone on 28/02/2019 - 13:26
    +1

    I think its a bit more difficult to what you're asking, "should the property manager have consulted you?" probably yeah, like even just from a courteous, respectful point of view they should of let you known. From a legal stand point (I'm not a lawyer) I'm unsure, but I would assume so, since you partly own it?

    In saying that, from a legal stand point again, you can only really 'sue' someone for any types of "loss" (as far as I know) and it will be hard to argue a loss here since they're basically doing it to save in the long run, you might be able to ask for some loss due to the looks, but then they might ask for cost back to fix up the termites?

    Personally though, I feel you might do better just letting them know that while you understand what they did and why, to at least give you a heads up and brief consultation before hand as its part owned by you and partly done on your property going forward.

    • mreddie on 28/02/2019 - 13:42
      +1

      On your last sentence that is exactly my approach to them. I'm not looking to sue anybody.

  • [Deactivated] on 28/02/2019 - 14:55
    +4

    I think OP is asking about due process.

    If the neighbour ignored the process, he will do it again and if/when someone needs go be accountable, it's going to be hard to assign blame if no one has objected or followed up on any of the unapproved works.

    If the PM has not followed due process then they're simply not doing their job. Replace asap.

  • SnoozeAndLose on 28/02/2019 - 16:44

    Op where is the image?

  • wordplay on 28/02/2019 - 20:30

    house likely already has termite damage, and now they have created an eyesore of your driveway without even bothering to inform you. i would be absolutely rope-able. not good enough.
    becareful around the termite treatment chemical too could be nasty stuff and make you ill.
    I would just sell the joint and move, not worth the worry to stay.

    • [Deactivated] on 28/02/2019 - 20:34

      That escalated quickly…

      • wordplay on 28/02/2019 - 20:36

        its the way these things go, neighbor will start to push the boundaries once they start.
        the absolute havoc that these pest control cowboys must have created on this driveway sounds horrific. massive holes everywhere… if you can't enjoy home it time to move on.

        • [Deactivated] on 28/02/2019 - 20:45
          +1

          You're probably right but sell in this economy?

        • kolorijo on 01/03/2019 - 09:04

          Wouldn't call 20mm holes massive

  • itsdougie on 01/03/2019 - 00:58
    +1

    Two lot scheme. Sounds like your neighbour (or land lord) funded the termite treatment, there may have already been a unavoidable problem and the property manager (or owner) acted and this is the result. They may not have needed your permission or needed to let you know because of said problem (and advice by exterminator) Maybe talk to your neighbour or their property manager to ascertain what happened first

  • Freitag on 01/03/2019 - 08:12

    This is a normal termite protection method. they inject a chemical into the subgrade.

    • mreddie on 01/03/2019 - 16:00

      That's fine and understand that, but wasn't my question.

  • DarkOz on 01/03/2019 - 09:09

    He probably thought that 20mm holes are small holes and it's on his side of the property so nothing to worry about. If the colours don't match ask him to colour match the holes.

    Yes it would have been nice to consult you but at least he didn't put 200mm holes on your side of the driveway.

    • mreddie on 01/03/2019 - 16:00

      true

  • wannagrababargain on 01/03/2019 - 10:29
    +1

    Bit hard to call it "unapproved" if you can't point to exactly what agreement was breached.

    Are these on a strata title? Is there an owners corp? Is there any pre-existing agreement or minutes on maintenance of shared areas? Do you know who owns the other townhouse? Were there any agreements in place from previous owners?

  • UFO on 01/03/2019 - 10:33
    +1

    What does the strata title plan say?

    Most driveways in townhouse complexes are common areas… ie they aren't owned by you or the neighbour, but are in fact owned/managed by the body corporate.
    Are you sure its the neighbour doing the works, or is it the strata manager?

    And even if the driveway is "owned" by you and the neighbour jointly, if there's urgent works to stop termites destroying a property, he doesn't need your permission to treat them (yes, even if holes in the driveway are required). Urgent rectification works for active termites means NOW…. not in a few weeks when or if a neighbour replies. Different story if your access is prevented/restricted, but 20c holes in the driveway for treatment of termites is not something that needs your permission.

    Be thankful he's treating the "common area" at his own cost and be done with it. Oh… and I'd definitely be getting an inspection done on your property ASAP.

    • mreddie on 01/03/2019 - 16:01

      There is no body corporate as such, the 3 owners just have an arrangement to manage it together.

    • mreddie on 01/03/2019 - 16:02

      yes we will be following up on an inspection

  • Bargain80 on 01/03/2019 - 10:34
    +1

    as far as I know, if it's on common property, it has to be done by, or with approval from the body corporate.

    Maybe the body corporate committee has approved this and you missed or didn't check committee meeting minutes?

    • mreddie on 01/03/2019 - 15:59

      We have no body corporate I manage it with the two other owners.

  • echelon6 on 01/03/2019 - 11:15
    +2

    your neighbour paid for it all and you're considering suing over some patched concrete? wouldn't want to live next to you.

    • [Deactivated] on 01/03/2019 - 12:58
      +1

      Where did the OP say he wants to sue anyone?

  • thwarted on 01/03/2019 - 11:56

    I would be wanting to know what treatment was used. Was it simply a barrier treatment that turns termites away, or was it a non repelling but toxic treatment that termites carry back to the colony? If it was just a barrier treatment you may want to investigate further, including potential “enhanced ingress” to your own property.

  • Burnz316 on 01/03/2019 - 12:11

    Are you on the executive committee for your strata plan? They have the power to approve this kind of stuff without the approval of the entire strata complex.

    You vote for these people at every annual meeting, assuming you go every year.

    The driveway is common property, and not yours. Strata is in charge of it.

  • computer barn find on 01/03/2019 - 13:18

    The holes have been filled in but they don't match the colour of the concrete

    I am so deeply sorry that you had to go through such a traumatic event, have you tried calling lifeline to tell them about this crisis.

  • idonotknowwhy on 01/03/2019 - 14:00

    What did I saw when you asked me?

  • ssyl9 on 01/03/2019 - 15:05

    shouldn't I have been consulted about the planned works, even though the holes are on my neighbours side? The holes have been filled in but they don't match the colour of the concrete and it looks terrible. I have no issue that the Termites need to be treated and is serious, but it's the fact we were never consulted beforehand.

    I'm just wondering.. If they asked and you didn't approve it (obviously as you are concerned so much about the "marks" on the driveway), what are they gonna do?

    Like leave the termites be and let the house die?

    What are you expecting them to do by asking the question? If you are still gonna say yes, then does it matter? And if you do say no, are you just gonna let your neighbours suffer from termites in their home (which will eventually migrate to yours)?

    Next time if your house catches on fire, do you think you should consult your neighbours to ask for approval to contact the fire brigade as the strong water streams may damage your neighbours or common property?

  • Moderatorscrimshaw on 01/03/2019 - 16:10

    OP requests Thread closed, marked as problem solved.

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