All Topics / Help Needed! / black mailed by neighbour

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  • Profile photo of XeniaXenia
    Member
    @xenia
    Join Date: 2002
    Post Count: 1,231

    We have a development that complies with all council regulations and is weeks away from getting approved.

    One of the neighbours asked if we could share a driveway with him becuase he wants to develop his block too.

    we said no because he is not ready to submit plans and will hold us up. He then threatened that he will complain about our development if we dont share the drive way with him.

    He has since written a formal complaint about our houses being too square, wrong colours etc, totally unreasonable and immature complaints, yet it is holding everything up and costing us $1400/month just in interest!!

    Can’t believe people like that exist! [grrr]

    we are thinking of hiring someone to approach the council on our behalf and point out that everything complies and his requests are unreasonable, like a solicitor or mediator?????

    Any suggestions?

    We buy properties in Adelaide. No Agent Fees.
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    phone 0412 437 582

    Profile photo of Fast LaneFast Lane
    Member
    @fast-lane
    Join Date: 2004
    Post Count: 527

    You could say if he withdraws the complaint, you’ll let him use the driveway. Then when everything is approved and the go ahead is given, simply tell him to park on the damn street.

    If he puts in an application for development and your’s is already approved you should do everything possible under the sun to thwart his plans.

    You might also have some legal options available, so it might pay to have a chat with your solicitor. I hope it works out Dr. X and keep us informed as to how you guys fare.

    Good Luck…g7

    Profile photo of DinahDinah
    Member
    @dinah
    Join Date: 2004
    Post Count: 30

    Unfortunately, people like that do exist.
    Have you approached your council and told the planner exactly what has transpired between you and your neighbour? I think you should. If you are up front with your council then I think that will be a good thing.

    Perhaps also, if the only thing that made you say no to your neighbour in the first place was that he was going to hold you up, extra costs etc… then maybe you can say yes but he needs to pay you for your extra costs until his development is approved.
    If he is half reasonable he will see where you are coming from and do it.
    Tricky one though and you might really need to look for the win/win for both of you, but, not all at your expense in the interim.

    Good luck with this one.
    Dinah

    Profile photo of MichaelYardneyMichaelYardney
    Participant
    @michaelyardney
    Join Date: 2001
    Post Count: 617

    The council town planners know an angry aggressive neighbour when they see one.

    Neighbours always complain about proposed developments.
    The council only entertains relevant town planning objections, not spurious complaints.

    Having said that you should have already had someone represent your project to council. Have you used a town planner?

    Michael Yardney
    METROPOLE PROPERTIES
    Author of Australia’s leading property e-magazine.
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    FREE subscription http://www.PropertyUpdate.com.au

    Profile photo of Alistair PerryAlistair Perry
    Participant
    @aperry
    Join Date: 2004
    Post Count: 891

    Hi DrX,

    The fact that you have objections does not mean that you will not get your permit. One of our clients last year received 30 objections and still got his permit without having to go to appeal. As Michael stated, if the objection is not reasonable the couincil will not take it seriously.

    I assume your development is in SA, so the situation may not be the same, but in Victoria if a neighbour takes you to appeal on grounds that are not reasonable, you can apply for costs against them (unfortunately this is not damages, just the direct cost of going to appeal). It may be worth mentioning this to him if you receive a permit and he appeals.

    Regards
    Alistair Perry

    Profile photo of XeniaXenia
    Member
    @xenia
    Join Date: 2002
    Post Count: 1,231

    thanks all for your comments, Michael, yes we do have a town planner representing us, Alistair, the rules sound similar in SA.

    The situation has just gotten worse, he has rounded up neighbours and fired them up to complain about not wanting 3 dwellings on a block, sewage and water overloads etc, some of the complaints are coming from people currently living on subdivided blocks with 3 dwellings.

    It’s just ridiculous!!!! None of it makes any SENSE!

    I can’t believe how unreasonable some people can be.

    According to some big developers that we have talked with, this is small stuff, but it dosen’t seem like it when you are going through it.

    Anyone been through this?

    Is it worth talking with the neighbours, or just addressing their complaints (as petty as they may be) at the next council meeting?

    We buy properties in Adelaide. No Agent Fees.
    [email protected]
    phone 0412 437 582

    Profile photo of AUSPROPAUSPROP
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    @ausprop
    Join Date: 2003
    Post Count: 953

    yes sounds all too familiar. With one particular nightmare I had it was a real battle with all sorts of neighbours coming out of the woodwork… interesting that I just receievd a letter from the council that one of these guys wants to subdivide. our development fully complied yet we got put thru the wringer, his didn’t and got rubber stamped (despite my tit-for-tat objection). go figure.



    http://www.megapropertygroup.com

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    Profile photo of COSIEKIDCOSIEKID
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    @cosiekid
    Join Date: 2006
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    yeah – easy you did all the hard work – got precedent in the area – an this guy freeloads off your hard work. Can’t stand these freeloading individuals.

    Profile photo of XeniaXenia
    Member
    @xenia
    Join Date: 2002
    Post Count: 1,231

    Some people are really amazing.
    The way they choose to live their lives is truly astonishing!

    Instead of looking how to solve a particular problem,

    ie TAKE RESPONSIBILITY

    They instead look at who they can blame for their lack of success,
    ie “my land is too small to develop, and it’s my neighbours fault because they won’t allow me to share their driveway! “

    There is a very simple solution to this neighbours problem, he can easily do the development (without sharing the driveway) if he took some responsibility, sought some advice and focused his energy on soving the problem rather than blaming others. Instead, he is focused on moving the boundry line and blaming us for not complying!

    No, we are not going to point out any possible solutions to him! Even if we offer assistance on this one, what lesson has he learned? He will just be looking outwards and blaming others for his problems on any future deal! That’s not the kind of person I would like to help personally!

    We buy properties in Adelaide. No Agent Fees.
    [email protected]
    phone 0412 437 582

    Profile photo of SIMMO2702SIMMO2702
    Member
    @simmo2702
    Join Date: 2004
    Post Count: 4

    G’Day Dr X

    Unfortunately I can understand some of what you are going through.

    I tried to develop a block in Baxter Vic. We had plans drawn up for 5 units which the council town planner really liked. We had an objection from my ONLY neighbour. Council decided to make me change to 4 units which cost an extra $5000 to redraw plans and another 12 months of interest. We re-submitted the plans to council with 4 x 2 storey units which the council town planner liked again and gave us a verbal yippee. Only to have my ONLY neighbour complain about a 2 storey unit overlooking his backyard. Council made me change to 3 x 2 storey and 1 x 1 storey which has taken about 2 years to get through. The story goes on and on and on.

    Hang in there dude [smiling]

    Profile photo of ForkliftForklift
    Member
    @forklift
    Join Date: 2003
    Post Count: 21

    Hi Dr. X,
    Sorry, I don’t have a solution for you but merely to offer you my moral support. I have just read this string, from your 1st post to the last, and have two main things to say to you. 1. I totally empathise with you as I am in an extremely similar situation as you, sort of, it is just the reason it stems from is different and 2. You ended your opening post with “Can’t believe people like that exist”. Mate, they do!! I have, unfortunately, found 3 more of them here where I currently live!
    They are the most unconscionable (?spelling) heartless and soulless people I have ever had the misfortune to have any dealings with.
    It would probably take me a full page of this forum to relate to you all that has happened to us, and is still continuing, but to put it briefly it has been over 2.5 years, $70,000 lawyer/barrister fees, loss of my wife (passed away 16mnths) and separated from my 4 young kids for past 12 mnths!!
    We moved to Qld from Vic and shortly after bought a business, a leasehold general store/servo. We built up the business to over double turnover in a short time. Our greedy landlord obviously became jealous and has tried every dirty trick to try and squeeze us out and take it back for nothing!!! Had to go to Supreme Court just to make them obey their own lease!!! We won, thankfully, but in meantime I lost my wife.

    What I am trying to say, and to hopefully be supportive and helpful to you, is stick to your guns. You have ‘right’ on your side, like us, and it will eventually out – i.e. you will win in the end.
    Keep a detailed diary of everything: what he says, what he does, what you observe them doing, list of people who will back you and/or be a witness for you and if possible record all you can on camera. Photocopy any and all documents, especially any correspondence to and from him, and lock one set away in case you lose any of the pages from your “daily use” folder.
    If this sounds a little extravagant believe me it isn’t. Eventually you may use some or all of it. You may never have to go to court over it, and I hope you don’t, but one never knows.
    So, Dr X., keep your chin up, your records accurate and stick to it.

    The worst thing for me, at the moment, is I am alone on this island, and I don’t have a mate I can talk to at all. All my family is down in Vic, which is why the kids are down there and waiting for me to try to sell the shop and move back.
    I am behind you mate and if there is anything else that I might be able to help with, I don’t know if there is, I am only too happy.
    If there is one thing I really hate, it is dishonesty – in any shape or form.
    Best regards,
    Forklift.

    Profile photo of calvin_thirty4calvin_thirty4
    Participant
    @calvin_thirty4
    Join Date: 2004
    Post Count: 556
    Originally posted by Dr.X:

    Some people are really amazing.
    The way they choose to live their lives is truly astonishing!

    Instead of looking how to solve a particular problem,

    ie TAKE RESPONSIBILITY

    They instead look at who they can blame for their lack of success,
    ie “my land is too small to develop, and it’s my neighbours fault because they won’t allow me to share their driveway! “

    There is a very simple solution to this neighbours problem, he can easily do the development (without sharing the driveway) if he took some responsibility, sought some advice and focused his energy on soving the problem rather than blaming others. Instead, he is focused on moving the boundry line and blaming us for not complying!

    No, we are not going to point out any possible solutions to him! Even if we offer assistance on this one, what lesson has he learned? He will just be looking outwards and blaming others for his problems on any future deal! That’s not the kind of person I would like to help personally!

    We buy properties in Adelaide. No Agent Fees.
    [email protected]
    phone 0412 437 582

    Hehehe, have you thought about offering to buy him out? Send him a letter that you think his objections are not healthy for either of you and that he is obviously not happy were he is and offer to buy him out – for your next development project?!?!?! Might just stump him and bring him to the table for further discussions.

    Just a thought.

    Cheers
    [email protected]

    Our greatest weakness lies in giving up. The most certain way to succeed is to always try something one more time.
    – Thomas Edison

    Don’t let reality be the benchmark for your Dreams

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