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Came home to find some of our fence down our

#Post
1

Driveway down, the neighbour next door has taken it down and looks like had a buikdozer in his section levelling it out,

I’d imagine he has brought it and trucks down our driveway as he can’t get to that part of the section from his and that’s why I think the fence is down,

I don’t care about the work on his section but would you expect to be to,d if he’s using your driveway to access it? And that the fence is going down or is thst too much to ask (half our fence too!)?

christin - 2020-11-24 17:24:00
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Why would you think it was ok for them to use your drive?

sparkychap - 2020-11-24 17:36:00
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Park your car on your drive way - make sure its three when workers start tomorrow - imagine you wil have a reasonable bargaining position for costs of using your driveway. Obviously they will be paying for the fence too

lissie - 2020-11-24 17:38:00
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This message was deleted.

andrew697 - 2020-11-24 17:42:00
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I’m not sure what’s normal but thought it would be rude to use my drive.

The fence needs replacing snd is crap but would have been nice to be told. Big gaping hole there snd mesh across now.

I’m off work tomorrow so will see if anyone’s comes there. I’ll try and post a photo, can’t say for sure but can’t think why fence came down but to use our driveway snd the land has been dug up and from that area.

christin - 2020-11-24 17:54:00
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Plus your drive way may not have been built to take the weight of heavy machinary.
If they cant get to that part of the section to do the leveing, how are they going to get on if they want to build a new house, garage, bring in landscaping materials.
Any or all of the above.
Not on at all.
Who is responsible for checking the fence is put back in the same place/condition if you dont have something in writing.

bernie184 - 2020-11-24 17:55:00
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I don’t mind the fence so much as I always wanted to replace it but the neighbour I share it with didn’t want to. Couldn’t afford to ans it’s about 50-60m long

This is where the gap is, will check tomorrow but due to the way their house is and the carport I don’t think they’d have brought it through their section,

https://trademe.tmcdn.co.nz/photoserver/full/1440409203.jpg

https://trademe.tmcdn.co.nz/photoserver/full/1440417858.jpg

As you can see it levels down from the fence line

Edited by christin at 6:20 pm, Tue 24 Nov

christin - 2020-11-24 18:15:00
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This is their section, border in yellow, thick yellow where fence down,

You can see the carport blocking entrance from the road end unless they’ve pulled that down today, I’m the section directly behind ans that’s the long driveway so if they’ve come down they’ve come down a fair way!

https://trademe.tmcdn.co.nz/photoserver/full/1440422286.jpg

christin - 2020-11-24 18:27:00
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It looks like they are making an entrance from your drive, Maybe you can expect a gate not a fence replacement at all!

bryalea - 2020-11-24 18:40:00
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bryalea wrote:

It looks like they are making an entrance from your drive, Maybe you can expect a gate not a fence replacement at all!

That’s what I thought, looks like an entrance, but rude tho If they have, and my water pipe goes down that fence line. It was overrun with bushes etc so imagine a truck came down too,....

And pass to the gate in my drive lol. It’s a fair way down to come too so ifs a lot to possibly damage!

Edited by christin at 6:43 pm, Tue 24 Nov

christin - 2020-11-24 18:42:00
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Odd, it looks like two driveways from the aerial photo. are you sure its yours?

heather902 - 2020-11-24 19:00:00
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If the neighbour hasn't asked before using your driveway for access, then yes that's extremely rude. Would be over there asking what's going on, if that was my neighbour - have they told you what they're doing on their section? I'd be wondering about them subdividing it?

lyl_guy - 2020-11-24 19:01:00
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heather902 wrote:

Odd, it looks like two driveways from the aerial photo. are you sure its yours?

Um yes i know which is my driveway.

He comes in from thr road edge , he has nothing to do with the driveways down the length of his section which is outside his property!

christin - 2020-11-24 19:02:00
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Looks like a right of way to the back sections. Your neighbour may have a legal right to use it, to access his section. You would need to check the survey plan.

fertman - 2020-11-24 19:02:00
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lyl_guy wrote:

If the neighbour hasn't asked before using your driveway for access, then yes that's extremely rude. Would be over there asking what's going on, if that was my neighbour - have they told you what they're doing on their section? I'd be wondering about them subdividing it?

They’re going to put three storey units there but that’s all I’ve been told. No plans etc. I figured when it sold recently it would have stuff there so okay with that as long as not too hideous but no, he didn’t mention anything about fence or driveway despite having my email etc.

I can’t say he has used it for access but looks likely ans even taking the fence down would have been polite and courteous to mention it

christin - 2020-11-24 19:04:00
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christin wrote:

Um yes i know which is my driveway.

He comes in from thr road edge , he has nothing to do with the driveways down the length of his section which is outside his property!

that may be so, but i'm sure you can see by the aerial plan you put up there are two driveways there, you have two driveways?

heather902 - 2020-11-24 19:05:00
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fertman wrote:

Looks like a right of way to the back sections. Your neighbour may have a legal right to use it, to access his section. You would need to check the survey plan.

He doesn’t, we had a survey sent to us a couple of years back regarding an easement we had to properties behind us. Saying we had access to it and it had all the easements on it, there’s no need to come anywhere near or driveway when the full front of his section has full acres to the road,

christin - 2020-11-24 19:06:00
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heather902 wrote:

that may be so, but i'm sure you can see by the aerial plan you put up there are two driveways there, you have two driveways?

No I have one, the one next to it is to a house on the other side, nothing to do with the guy in front of us, we have the one going along the fence line to the parking area with two cars (mine)

christin - 2020-11-24 19:07:00
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christin wrote:

No I have one, the one next to it is to a house on the other side, nothing to do with the guy in front of us, we have the one going along the fence line to the parking area with two cars (mine)

ok, well i can't follow you, because no one is neighbouring the area of the fence down.

heather902 - 2020-11-24 19:09:00
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heather902 wrote:

ok, well i can't follow you, because no one is neighbouring the area of the fence down.

My driveway is.....

His is blue from road side, mine in blue down the length of thr section, the one parallel to it has nothing to do with either of us ans is about a metre height difference in areas.

https://trademe.tmcdn.co.nz/photoserver/full/1440448131.jpg

Edited by christin at 7:11 pm, Tue 24 Nov

christin - 2020-11-24 19:10:00
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I’d be fuming ???? and talking to my lawyer...

Is the drive exclusively yours? (I’m wondering if a neighbour who uses it too might have given the okay?)

lovelurking - 2020-11-24 19:17:00
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I think it's outrageous the contractor/neighbour would do that without asking your permission. People like that are what's wrong with the world today.

theo35 - 2020-11-24 19:18:00
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It looks like they've made an entrance there and they're going to be using it for access. The way they've started about the process, I'd tell them to piss off.

theo35 - 2020-11-24 19:27:00
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lovelurking wrote:

I’d be fuming ???? and talking to my lawyer...

Is the drive exclusively yours? (I’m wondering if a neighbour who uses it too might have given the okay?)

I’ve spoken to her too and she’s more pissed than me!

christin - 2020-11-24 19:31:00
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theo35 wrote:

It looks like they've made an entrance there and they're going to be using it for access. The way they've started about the process, I'd tell them to piss off.

Yeah he’s not starting off well! I’ll find out tomorrow if he is using it hopefully as I’m sure it’s not all finished.

christin - 2020-11-24 19:32:00
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I would be marching over and asking some strongly worded questions on when the fence is going back up. You cannot prove they used your driveway but you are entitled to know what is happening about replacing the fence. You would probably get more answers while they try to explain their situation.

samell - 2020-11-24 19:34:00
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They obviously think
a) they have the right to use your RoW to access the back of your section, or

b) they know full well they have no right to access the back of the front property from your RoW but, being developers, are doing it anyway.

I'm picking b) is the most applicable.

There has been a thread on here about a similar situation and even though by the normal standards of what normal, decent people would do ie the developer should have consulted should have, should have........it is is by no means clear that developers as a genus subscribe to this.

I would
a) check/confirm to make sure about your RoW situation
b) contact the owner/developer urgently to ask what is happening
c) place something across your driveway to prevent access up the RoW until you have resolved the situation.
d) contact your council to see if a permit has been issued, possibly for the demolition, that allows access up your RoW. Council may have been misled by developer if RoW is actually yours only.
e) contact CAB or solicitor if nothing positive happens to see if an ex parte injunction/injunction without notice is applicable.

It will not take many trips by a a digger or trailer carrying a digger, followed by trucks carrying heavy building materials before the surface of a driveway constructed for light car traffic begins to give way.

I had similar happen to me when the house next door was demolished when those responsible took it on themselves to not just cut back overhanging branches to ease the progress up their driveway, which would have been Ok, but to come into my property and cut down to ground level the actual trees belonging to the branches. They pulled the neighbours grapevine (with the digger) off our shared fence, pulling so hard they snapped four concrete posts off!

Hence the advice to 'go early and go hard'......the developers owe nothing to you and you to them and it is disruptive enough having a building site without having some say.

They may have some agreement to rent the house/carport out while building units at the back of the property.

shanreagh - 2020-11-24 19:38:00
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Great stuff^

theo35 - 2020-11-24 19:49:00
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shanreagh wrote:

They obviously think
a) they have the right to use your RoW to access the back of your section, or

b) they know full well they have no right to access the back of the front property from your RoW but, being developers, are doing it anyway.

I'm picking b) is the most applicable.

There has been a thread on here about a similar situation and even though by the normal standards of what normal, decent people would do ie the developer should have consulted should have, should have........it is is by no means clear that developers as a genus subscribe to this.

I would
a) check/confirm to make sure about your RoW situation
b) contact the owner/developer urgently to ask what is happening
c) place something across your driveway to prevent access up the RoW until you have resolved the situation.
d) contact your council to see if a permit has been issued, possibly for the demolition, that allows access up your RoW. Council may have been misled by developer if RoW is actually yours only.
e) contact CAB or solicitor if nothing positive happens to see if an ex parte injunction/injunction without notice is applicable.

It will not take many trips by a a digger or trailer carrying a digger, followed by trucks carrying heavy building materials before the surface of a driveway constructed for light car traffic begins to give way.

I had similar happen to me when the house next door was demolished when those responsible took it on themselves to not just cut back overhanging branches to ease the progress up their driveway, which would have been Ok, but to come into my property and cut down to ground level the actual trees belonging to the branches. They pulled the neighbours grapevine (with the digger) off our shared fence, pulling so hard they snapped four concrete posts off!

Hence the advice to 'go early and go hard'......the developers owe nothing to you and you to them and it is disruptive enough having a building site without having some say.

They may have some agreement to rent the house/carport out while building units at the back of the property.

Thank you.

I will double check re row but I can’t see why he would have access and even if he did it would still be polite to tell us and doesn’t give him right to pull our fence down!

It was rented in the weekend but not sure if they have moved out in the last few days.

In either way a bit of politeness and courtesy goes a long way....

christin - 2020-11-24 20:12:00
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christin wrote:

My driveway is.....

His is blue from road side, mine in blue down the length of thr section, the one parallel to it has nothing to do with either of us ans is about a metre height difference in areas.

https://trademe.tmcdn.co.nz/photoserver/full/1440448131.jpg[
/quote]

oh right, i get it now. I'd be very annoyed too. You do not want heavy machinery on your driveway. I doubt he has any access rights. Sounds very cheeky and opportunistic. Need to sort it out asap. How many neighbours share your driveway? I'd be tempted to block it with the agreement of all affected.

heather902 - 2020-11-24 20:28:00
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christin wrote:

Thank you.

I will double check re row but I can’t see why he would have access and even if he did it would still be polite to tell us and doesn’t give him right to pull our fence down!

It was rented in the weekend but not sure if they have moved out in the last few days.

In either way a bit of politeness and courtesy goes a long way....

Exactly. We all know this but my experience with developers is that they do not work or think the same way as others in the way of consulting, being on-side etc. Accepting 'no' if the answer is 'no' etc.

shanreagh - 2020-11-24 20:33:00
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heather902 wrote:

oh right, i get it now. I'd be very annoyed too. You do not want heavy machinery on your driveway. I doubt he has any access rights. Sounds very cheeky and opportunistic. Need to sort it out asap. How many neighbours share your driveway? I'd be tempted to block it with the agreement of all affected.

Just me and the lady behind me. She’s not happy either,

It would be hard to block ad even if we blocked thr top bit they could come down the neighbours as they are same level at the end, most of the way down it’s not but is one bit at the end they could come across,

I can’t say he has come down it but seems that way.

christin - 2020-11-24 20:33:00
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This is their access from the front so need to make sure they haven’t demolished this to get down. I know it was still there on the weekend!

https://trademe.tmcdn.co.nz/photoserver/full/1440486813.jpg

christin - 2020-11-24 20:38:00
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christin wrote:

This is their access from the front so need to make sure they haven’t demolished this to get down. I know it was still there on the weekend!

https://trademe.tmcdn.co.nz/photoserver/full/1440486813.jpg[
/quote]

If they demolished the carport or the block fence on the left of the property to get to the back then why would they need to take down the fence between them and your RoW. Most odd.

Best of luck Christin.

Edited by shanreagh at 8:43 pm, Tue 24 Nov

shanreagh - 2020-11-24 20:41:00
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shanreagh wrote:

If they demolished the carport or the block fence on the left of the property to get to the back then why would they need to take down the fence between them and your RoW. Most odd.

Best of luck Christin.

That’s what I thought snd makes me think they used drive which is cheeky at the least.

Thank you!

christin - 2020-11-24 20:46:00
36

No panics, just ask them whats going on, if it is your driveway and is damaged then you will get a better one, same as the fence, it will be all new fence, no good going guns blazing, yes they should ask you, (if they used it),you can trespass them now if you like, combined with the other neighbour, but hey just a good conversation goes along way, you should see dirt marks on your driveway if they used it. They will pull down the carport/deck if building out the back, unless they have driveway rights which you don't know. Call in tomorrow and talk to them. All good.

msigg - 2020-11-24 21:09:00
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lovelurking wrote:

I’d be fuming ???? and talking to my lawyer...

Is the drive exclusively yours? (I’m wondering if a neighbour who uses it too might have given the okay?)

What neighbour using it?
The two cars are hers and I guess her house is by where they are parked.
The other driveway is a bit higher than hers, as you can see the shadow thrown from it on hers.

Just be there tomorrow and ask for an explanation on why they have trespassed through your property.

Tell them to sod off.

It's not you being rude, as they didn't ask first.

We have a neighbour who needed out consent for a subdivision, he didn't ask and went ahead selling to another neighbour(cash sale), even though I asked if he was to subdivide could I be involved with a bit off the side of ours.
Long story short, they thought they could subdivide their main house off to sell, but the banks won't unless we sign off.
His chances of us signing are less than Winston becoming PM.

smallwoods - 2020-11-24 21:14:00
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msigg wrote:

No panics, just ask them whats going on, if it is your driveway and is damaged then you will get a better one, same as the fence, it will be all new fence, no good going guns blazing, yes they should ask you, (if they used it),you can trespass them now if you like, combined with the other neighbour, but hey just a good conversation goes along way, you should see dirt marks on your driveway if they used it. They will pull down the carport/deck if building out the back, unless they have driveway rights which you don't know. Call in tomorrow and talk to them. All good.

I’m not worried about the fence as want a new one. Just surprised they never asked,

I don’t however what the hassle of a broken driveway as the one there is perfectly fine and would mean if broken snd being repaired I won’t have access to bring my car down, parking on busy road overnight etc.

I don’t think they have driveway rights as no need to, they can access their property from thr front. And although I never checked for it, recently had a survey snd council records sent to us for another easement so have seen recently.

As you say a good conversation goes a long way, a conversation they should have had with me first? He is after all the one wanting to,request access?

christin - 2020-11-24 21:18:00
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smallwoods wrote:

What neighbour using it?
The two cars are hers and I guess her house is by where they are parked.
The other driveway is a bit higher than hers, as you can see the shadow thrown from it on hers.

Just be there tomorrow and ask for an explanation on why they have trespassed through your property.

Tell them to sod off.

It's not you being rude, as they didn't ask first.

We have a neighbour who needed out consent for a subdivision, he didn't ask and went ahead selling to another neighbour(cash sale), even though I asked if he was to subdivide could I be involved with a bit off the side of ours.
Long story short, they thought they could subdivide their main house off to sell, but the banks won't unless we sign off.
His chances of us signing are less than Winston becoming PM.

There is a neighbour behind me who uses driveway too but she hasn’t given access.

Yes the parking atea with cars, my house is behind it and across full length of theirs at the back,

christin - 2020-11-24 21:24:00
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Oh and no dirt marks but it has been raining or they could have cleaned off,

christin - 2020-11-24 21:28:00
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If they do not have an easement over/through your driveway they are screwed. They have to sort out their problem with the council. Looks like there is enough room down either side of the house for their access.

strathview - 2020-11-24 21:47:00
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Go to the council, look at the subdivision resource consent and ask for the application details from the property file.
Why?
A neighbour wanted a drainage easement over land I own, which was refused. A year later building started and ditches appeared on my side, and the builder had council consent.
On checking further, they got it by attaching a doctored easement plan to the application. It ended in court, they lost.

masturbidder - 2020-11-25 00:04:00
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Think I’m gonna direct my security camera over there today! If I’m not around at least I can see if they do use it, and have it recorded

christin - 2020-11-25 08:02:00
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Can see drive marks this morning and looks like they’ve come down the other long driveway next to ours ans the crossed onto ours,

Also there is stones there which weren’t there before so suspect somethings brought those down too.

Also carport still there so haven’t demolished that and place still rented,...

christin - 2020-11-25 08:52:00
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If this is the developer Christin, then it might be a clue as to how things might proceed, looks like you may have to take a pretty stern approach. or he's just going to do as he pleases.

heather902 - 2020-11-25 09:19:00
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heather902 wrote:

If this is the developer Christin, then it might be a clue as to how things might proceed, looks like you may have to take a pretty stern approach. or he's just going to do as he pleases.

I will. I was planning on being reasonable, he had my email address. He could have emailed me, he had no problem doing that when asking to connect to my sewer. Which I haven’t agreed to yet. I have asked for plans ans easements etc as per a lawyer,

christin - 2020-11-25 09:22:00
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park your car on your driveway across the "hole" in the fence

alleycatz - 2020-11-25 10:31:00
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alleycatz wrote:

park your car on your driveway across the "hole" in the fence

Unfortunately I’m at work with the car, ans also means my neighbour won’t get out, and I have a friends 17 year old staying with me that comes and goes during the day.

christin - 2020-11-25 11:04:00
49

Oh and have t been out and checked but apparently the tin is now blocking the driveway according to the electrician who just came ans had to use the neighbours driveway!

Edited by christin at 11:14 am, Wed 25 Nov

christin - 2020-11-25 11:06:00
50

If this is the start of construction and how it is likely to procced, force them out now.

amasser - 2020-11-25 14:37:00
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