# Forum More Stuff Debate & Technical Discussion  neighbour extending onto my property

## jules21

my neighbour is extending his house. our houses are connected, i.e. they share a party wall, which ends at the rear of both dwellings, i.e. where the backyards start.  
the rear of both houses previously ended at the same point, but he is extending further outwards by about 3.5m (along the property boundary). i noticed that he has just poured the footings and they are in line with, and the same thickness as, the party wall. he hasn't consulted me on that - i just noticed it today. 
as the property boundary is on the party wall centreline, i'd say he's poured half the footings on my property. i think it's fair to assume he's planning to build the wall over it as well. 
i imagine that one option would be for me to take steps to force him to remove the footings from my property. this would obviously lead to significant conflict, that i'm not especially keen on. i'm of half a mind to just let it slide - i can use the wall if i ever choose to extend, so in that circumstance, i'd be getting it for free. but i'm not planning to extend. 
any advice?

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## Bedford

> i noticed that he has just poured the footings and they are in line with, and the same thickness as, the party wall. he hasn't consulted me on that - i just noticed it today.
> as the property boundary is on the party wall centreline, i'd say he's poured half the footings on my property. i think it's fair to assume he's planning to build the wall over it as well..

  The concrete footings are often wider than the actual wall, it  could still be that his new wall will be on his side of the center line.    

> i imagine that one option would be for me to take steps to force him to remove the footings from my property. this would obviously lead to significant conflict, that i'm not especially keen on. i'm of half a mind to just let it slide - i can use the wall if i ever choose to extend, so in that circumstance, i'd be getting it for free. but i'm not planning to extend. 
> any advice?

  I would try to keep the peace, but also discuss with him the finish of the wall on your side, it needs to be of an acceptable standard for you, as that's what you'll be looking at.

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## Black Cat

I would check with Council to see what they approved and why you were not notified. A development of that nature would require notification of the neighbour during the consultation period. But, getting back to the footings, I would just wander over and have a chat. Presumably you have a fence? If not, why not? If so, does the fence get effected by the work and has the neighbour discussed this with you also? 
Given there is a party wall, there is a distinct possibility that fire rating issues would require a double brick the thickness of the party wall as well. 
Do your homework before you engage in conversation so that you can counter any comments in an informed and friendly manner.

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## jules21

> The concrete footings are often wider than the  actual wall, it  could still be that his new wall will be on his side of  the center line.

  i doubt it though, as the footings aren't very wide. i suspect he'll be making use of at least most of the footing thickness.   

> I  would try to keep the peace, but also discuss with him the finish of  the wall on your side, it needs to be of an acceptable standard for you,  as that's what you'll be looking at.

  i might ring the council, but do you know what my rights are for enforcing an 'acceptable finish'?   

> I would check with Council to see what they approved and why you were not notified. A development of that nature would require notification of the neighbour during the consultation period.

  that happened. i am well aware of the development, just not that he was planning to build on my property! the plans, as far as i can tell, only mention building on the boundary.  

> But, getting back to the footings, I would just wander over and have a chat. Presumably you have a fence? If not, why not? If so, does the fence get effected by the work and has the neighbour discussed this with you also?

   the fence (the length of it up to where the building extends) has been taken down, as it will be replaced with the building. i don't have a problem with that. i will have a chat with him, but he's not living there right now so that can be logistically difficult.

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## Godzilla73

> but he's not living there right now so that can be logistically difficult.

   This is convenient.???   
G'day, 
There should be a sign with all the details out the front of the project, including permit issuer, builder, site supervisor, among other info. Start ringing and get answers, once this goes a bit further it'll be to late. The builder will will get a slap on the wrist form the council and you'll be for all intents out of pocket $$$... 
The builder at my parents place poured his footings without inspection and wrong position in my folks favour, $250 slap and on the project went, in there case it didn't infringe on the neighbors or any other party...

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## Black Cat

Good point Godzilla I had forgotten Council inspected the footings before the pour. Must have a crooked eye if they have done that in this instance.

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## jules21

> There should be a sign with all the details out  the front of the project, including permit issuer, builder, site  supervisor, among other info.

   not seen this. it could be around the back though (where the reno is taking place) - i'd have to go round the block to see.   

> Good point Godzilla I had forgotten Council  inspected the footings before the pour. Must have a crooked eye if they  have done that in this instance.

  are you suggesting the council would have a role in approving the  placement of the footings (relative to property boundary)? it's clearly,  partly on my side - unless somehow he owns the entire party wall. i  would have through boundary was on the wall centreline.

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## Godzilla73

> not seen this. it could be around the back though (where the reno is taking place) - i'd have to go round the block to see.

  
Should be at the main access point, as in where all deliveries are dropped off and clearly visible.   

> are you suggesting the council would have a role in approving the  placement of the footings (relative to property boundary)? it's clearly,  partly on my side - unless somehow he owns the entire party wall. i  would have through boundary was on the wall centreline.

  
I reckon you're right about the center line as well... But you still need to ask the questions, councils are all care no responsibility. Is it a double skin brick wall for the rest of it, for fire proof purposes?

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## Pulse

http://www.austlii.edu.au/au/legis/w...0463/s383.html 
How it should be done in WA, didn't search for Vic, just came up in google 
Cheers
Pulse

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## jules21

> http://www.austlii.edu.au/au/legis/w...0463/s383.html 
> How it should be done in WA, didn't search for Vic, just came up in google

  found the Vic laws (Building Act and Building Regs), doesn't seem to have an equivalent provision.   

> Is it a double skin brick wall for the rest of it, for fire proof purposes?

   yes, double brick. built in 1908, so they probably took the Great Fire of London into account  :Smilie:

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## Black Cat

that was a bit earlier. About 240 or so years ... Even building code drafting moves a little faster than that ... lol.

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## jules21

spoke to the building surveyor this morning. he is going to do a site inspection and if he can confirm that the footings were poured on my property, which he agrees is likely the case based on my description of their location, he said he'll probably recommend their removal  :Wink 1:  
could make for interesting neighbourly relations..

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## Jamesmelbourne

You may have legal recourse however, your indication is that you do not wish for this "unnecessary" avenue.  
You may have an action in Tort law (trespass and nuisance).  
Options :Redface:  
1. Take action (and given neighbour-relationship, get legal advice); or
2. Leave it be.  
It is up to you however, again, you indicate that you wish for nothing to come of this incident and I as why then you post a question for guidance? 
Cheers.

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## Jamesmelbourne

It would probably be more relevant to look at the 'Easement' provision as provided for in the Property Law Act 1958.   http://www.austlii.edu.au/au/legis/v...ct/pla1958179/ 
The building of the wall actually creates an easement if you were to build against it. Having an easement down your property, that cannot be extinguished by your neighbour, could indeed, possibly increase the land value of your property if the easement benefits your land? 
You need to think carefully as to whether it is worth pursuing? 
Let me know if you have any questions re the operation of easements and proprietary rights.

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