navyboyMember@navyboyJoin Date: 2006Post Count: 22
Just a little bit of an introduction. I have had an offer accepted on 2 rural properties next door to each other from the same owner. I am are currently in the process of seeking finance, although these properties are quite cheap they are in desperate need of repair.
There was a third house for sale from this owner but unfortunately i wasnt able to secure this property. This house is a corner block. All 3 are in a row.
Some of the fences for all 3 houses have fallen over due to the weather but the materials were there so this wasnt such an issue. The corner house did not have all the materials for the fence between the road and them.
Now the actions in question. The new owners of the corner house are being proactive ( as they have every right to be) and while the fences were removed they had there block cleared pushing all the weeds, rocks and waste onto my block. They then decided that because the fence was blown over between our blocks they could remove it and erect it on their boundary between them and the road. They then removed the fence dividing my 2 blocks which was still erected and replaced the fence dividing myself and them. They did leave a gap in the fence so they still have access to my property and I have notices that they have removed steel which was out the back and have taken my backyard tap. To top things off they do not have a water connection so they have decided to make a dodgy run across my yard from my water meter.
So what would you do in this situation in regards to the cleared land, stolen items and water connection. Also who should be taking action to recoup the stolen items ie RE agent, current owner or myself.
thanks for reading and any commentssonyasalMember@sonyasalJoin Date: 2008Post Count: 421
What things are included in your contract of sale? If these items are listed in the contract then they are yours and you have documented proof of this. Do you also have any photos of the properties to support this? Do you have a copy of the contract for the property that you were unable to purchase? If so this would also have a list of inclusions.
You have said that the other people have been 'proactive' but that does not give them permission to be thieves, which is what they are, if they have taken these items. They also are trespassing by being on your property and they have also illegally accessed water supply from your property. this may be an issue for council to deal with.
You need to get all of this sorted before you settle on the property. Did the same RE agent sell their property as well as your? If so, they may be the people to speak to the other party in the first instance to point out that what they have done is wrong and illegal. Otherwise you may need to bring in solicitors and /or police. Be as nice as possible in trying to sort this out as they will after all be neighbours to your properties, but don't be too nice as they may continue to take advantage of you. They are also liable for cleaning up the stuff that they have pushed onto your property. Again, any photographic documentation that you have will be very important in supporting your argument to have this stuff cleaned up and removed.
let us know how you get on
SonyapropertunityParticipant@propertunityJoin Date: 2008Post Count: 136
Since you have not settled on the properties, it is the owner's problem. Get him to fix it / sort it out, before settlement – and delay settling until it is sorted. The property must be delivered to you in essentially the same condition as it was when you inspected it and offered to buy it (excluding those items on the inclusions/exclusions list in the contract of sale).Scott No MatesParticipant@scott-no-matesJoin Date: 2005Post Count: 3,847
As above, were the materials (fencing & steel etc) included in the sale? If there was no mention in the contract, then it could be presumed that these would be removed prior to completion.
Request that the spoil from the works carried out be removed from your property prior to completion as well.
As the third property does not have access to the water on 'your' property, then you should request that this be disconnected prior to settlement (you don't want to be paying for water on another block). Advise your solicitor to delay settlement, the REA will want BA to do about it however advise them that the sale is in jeopardy of falling through, they have received their commission already for the other sale but this one is still alive.keikoParticipant@keikoJoin Date: 2008Post Count: 513
Cheeky prixs. and there going to be your neighbour.
I would be getting your lawyer to get the rubbish removed and a new fence erected and an axe put threw the water linenavyboyMember@navyboyJoin Date: 2006Post Count: 22
thank you to all for your opinions and comments.
I contacted the agent today and asked if the corner house has settled yet before i mentioned the problems. As it turns out they are at the same stage as myself and haven't reached settlement yet. It seems that they thought my houses were still for sale and no one would notice as the owner lives in the ACT. I managed to get about half way through my story before he said he was due back in a seminar and he would call me later today. I know this may be a usual excuse but i have given him the benefit of the doubt for today and will call him again in the morning.
As for the items that were removed being on the contract, I know that the usual inclusions and exclusions were noted but as i remember there was no mention of the fence. oh it did say that it was advised to have a surveyor survey the land due to the fences having fallen over.
I will see what the RE agent is prepared to do and if I feel it sufficient i will leave it otherwise i will take it further.
Noting i have about 100 photos of the properties i may have to use these to get what I am paying for
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