Neighbours Concrete Patio Partly on My Property

LMaria Griwi on 27/07/2021 - 22:53

Hi All

I have recently discovered that my neighbours concrete Slab has come over about 300mm onto my side of the property. They poured the slab a few years ago when our boundary fence at the time was made up of bushes tangled between an old chain link fence. Now that it has all been removed and the boundary line re-established. The offending part of the slab (about 300mm high x 1900mm long) is in the way of putting in a nice straight colourbond fence. Building over the concrete slab is not an option I want to take either.

I am paying for the entire fence build (approx 35 metres).

My question is: Can I cut that piece of slab off without needing to ask them, assuming it isn't going to cost me much extra to do? Or if it is a costly exercise can I ask the neighbours to pay for it?

Home & Garden

Comments

  • MS Paint on 27/07/2021 - 23:04
    +7
    • Advise neighbours nicely that you need to remove their concrete off your land
    • Hire concrete saw (these things are awesome)
    • Cut off offending concrete
    • Install fence
    • Have a beer

    I am paying for the entire fence build

    Why?

    about 300mm high

    That's a bad ass slab. You will need a big cutter.

    • SF3 on 27/07/2021 - 23:13
      +1

      That's a bad ass slab. You will need a big cutter

      Next post from OP, 300mm high "bad ass slab" for sale - cash on collection only!.

      • MS Paint on 27/07/2021 - 23:15

        Personally I don't think op will be able to cut a 300mm slab. Pretty sure the huge units only cut to 200ish mm. But what would I know.

        • SF3 on 27/07/2021 - 23:19
          +1

          OP is missing the mspaint diagram!

    • Maria Griwi on 28/07/2021 - 00:07
      +1

      These neighbours are nasty, if I can avoid dealing with them, I would rather pay for the whole fence to avoid talking to them.
      Same thing goes for the concrete slab, which sounds like it is not going to be an easy fix.

  • bobbified on 27/07/2021 - 23:06
    +5

    Can I cut that piece of slab off without needing to ask them

    They're your neighbour and you have to see them all the time. You may not need to specifically ask for permission, but it'll be nice to at least talk to them about it first.

    • mskeggs on 27/07/2021 - 23:06
      +10

      Are you even here for drama?

      • bobbified on 27/07/2021 - 23:12
        +4

        Your know how OzB people are… they're usually here only to look for comments that agree with them!

        • psdillon on 28/07/2021 - 12:19
          +2

          Agreed

      • holdenmg on 28/07/2021 - 12:40

        Nah, I have Foxtel.

    • SF3 on 27/07/2021 - 23:12

      They're your neighbour and you have to see them all the time

      If they are these neighbours, then after the great wall fence is built, neighbours will be out of sight.

    • Maria Griwi on 28/07/2021 - 00:08

      Thanks Bob

  • mskeggs on 27/07/2021 - 23:06
    +1

    I mean, you can ask anything.
    But yes, you can make them remove the offending concrete.
    Whether this can be done via Council, or NCAT/VCAT or the courts probably depends on your state.

    • Maria Griwi on 28/07/2021 - 00:08

      Thank you, will see how I go.

  • SF3 on 27/07/2021 - 23:06

    My question is: Can I cut that piece of slab off without needing to ask them, assuming it isn't going to cost me much extra to do? Or if it is a costly exercise can I ask the neighbours to pay for it?

    Neighbour etiquette, go ask them. It might feel awkward, but go ask them.

    You should have a survey report to proof they built over into your land?

    OR

    You have spoken to them and they ask that, you ought to ask the Strangers on the Internet on that OzB?

  • pharkurnell on 27/07/2021 - 23:16
    +4

    Member Since
    45 min ago

    Welcome to OzNeighbourDisputes…

    My question is: Can I cut that piece of slab off without needing to ask them,

    If the shoe was on the other foot, how would you take it if your neighbour started hacking up your Concrete???
    Na… didnt think so

    • SF3 on 27/07/2021 - 23:21
      +1

      I thought this was OzTakeMattersIntoYourOwnHands… but get validation from OzBargain 1st.

      • pharkurnell on 27/07/2021 - 23:23

        I missed the memo …. apologies.

  • mickyb80 on 27/07/2021 - 23:45
    +1

    Build the fence, put a gate where the slab is, and share the patio! :)

    Talk with your neighbor.

    Consider running the fence on a slight angle and giving them the extra land?
    Cut the slab.

    Options as I see it.

    • Maria Griwi on 28/07/2021 - 00:10

      Hahaha thanks for the tips.

  • holdenmg on 28/07/2021 - 02:12
    +7

    Have you had a survey done to reflect where the actual boundary is?

  • PensionerXXL on 28/07/2021 - 05:33
    +5

    use explosives to remove offending slab - the law allows work of this nature to commence at 3:00am (and recommended in the case of debris coming into contact with moving cars)

    god speed op

    • [Deactivated] on 28/07/2021 - 07:44

      use explosives to remove offending slab

      It's a boy !!!!

  • Jjj888 on 28/07/2021 - 07:11

    Have a lawyer draw up the legal letter and evidence of the issues

  • onetwothreefour on 28/07/2021 - 07:14

    I have recently discovered that my neighbours concrete Slab has come over about 300mm onto my side of the property.

    How did you discover this?

    • holdenmg on 28/07/2021 - 12:32

      A. Near Map.

      B. Google Earth

      C. Walked Outside and looked and measured?

  • Eeples on 28/07/2021 - 08:09
    +2

    Put a copy of the surveyor report in their letterbox.

    Also put a copy of each of the 3 quotes of the colourbond fence including concrete removal to install fence.

    See what their response is.

    You might report it to council. Council might ask them to remove the whole thing.

    • Caped Baldy on 28/07/2021 - 09:14

      You might report it to council. Council might ask them to remove the whole thing.

      I get the feeling it was not authorised work.

      Council don't like to get involved in boundary disputes in my experience. Might be different with illegal works. Probably need to go to NCAT to resolve dividing fence issues but they tend to seek resolution between parties rather than the do through the detail.

  • alexlim2000 on 28/07/2021 - 09:16

    You need to inform them of your intent to remove the concrete - what if that slab had a structural purpose, and in removing/modifying it, you damaged their home?

    I'd go the surveryor report route (i.e. justify your claim), and provide a solution - i.e. you'll take care of it with X Y Z plan, with your neighbour's approval.

    (essentially, you're coming to me with only problems, which makes you out to be a naggy neighbour. You're better off coming with both the problem and a propose solution)

  • Payne on 28/07/2021 - 10:11

    I guess there's some rule about the fence needing to be exactly on the boundary?

    If it was me, I'd probably just lose the 300mm of land and build the fence in a straight line. Otherwise it sounds like you'll never get it done if your neighbour is really difficult.

  • bjt on 28/07/2021 - 10:16

    Which state or territory of Australia are you? The outcome is dependant on state.

  • oscargamer on 28/07/2021 - 10:43
    +5

    If you cut the slab, you'll likely leave cut reo bar exposed to water ingress/attack. This will lead to rust, which will lead, eventually, to some localised spalling of the concrete, which might offend your nasty neighbours, who might seek some reimbursement for fixing the damaged slab…..

    • 87percent on 28/07/2021 - 13:14
      +1

      there's no place for a serious answer in a question like this!

      • oscargamer on 28/07/2021 - 13:27
        +1

        Sorry … Stupid me … Hangs head in OzBargainShame

  • Mokr on 28/07/2021 - 13:28

    300mm - calculate costs via land value of property and ask them to remit you

  • SpendLess on 04/08/2021 - 10:39

    colorbond is expensive, will dint and get damaged easily. If they are nasty would you want to spend it on a more expensive fence?

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