Neighbours Concrete Patio Partly on My Property

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?

Comments

  • +7 votes
    • 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.

    • +1 vote

      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!.

      •  

        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.

        • +1 vote

          OP is missing the mspaint diagram!

    • +1 vote

      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.

  • +5 votes

    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.

    • +10 votes

      Are you even here for drama?

      • +4 votes

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

        • +2 votes

          Agreed

      •  

        Nah, I have Foxtel.

    •  

      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.

    •  

      Thanks Bob

  • +1 vote

    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.

    •  

      Thank you, will see how I go.

  •  

    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?

  • +4 votes

    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

    • +1 vote

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

      •  

        I missed the memo …. apologies.

  • +1 vote

    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.

    •  

      Hahaha thanks for the tips.

  • +7 votes

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

  • +5 votes

    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

    •  

      use explosives to remove offending slab

      It's a boy !!!!

  •  

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

  •  

    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?

    •  

      A. Near Map.

      B. Google Earth

      C. Walked Outside and looked and measured?

  • +2 votes

    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.

    •  

      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.

  •  

    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)

  •  

    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.

  •  

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

  • +5 votes

    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…..

    • +1 vote

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

      • +1 vote

        Sorry … Stupid me … Hangs head in OzBargainShame

  •  

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

  •  

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