Hello
I have a ROC easement running through my land, which benefits the neighbour.
There was an old stacked stone wall which had failed, because it was wildly inappropriate for the landscape. It also didn't adhere to the easement boundary, so the neighbour had to trespass to get down their drive. The previous owner didn't bother maintaining the wall either, until they wanted to sell.
The old wall was knocked down and moved to the boundary, but no one bothered to check the boundary line, and so the wall (constructed of the material from the old wall), with all associated elements like drainage, is encroaching my property. I had another survey done after it was built.
This "wall" is incredibly inappropriate. It isn't high enough for the landscape, is made of a single skin of 160mm wide stacking concrete blocks without footings or supports, encroaches my land, was built without my permission, did not have a DA or CDC, but somehow council approved it (site unseen). I have video footage of the build taking place showing the lack of supportive strategies, emails with council screaming about it, and GIPA request in place for a copy of a retroactive engineer's report (i wasn't given a copy or consulted).
This wall is encroaching on my land, benefiting an easement which is also on my land. My understanding is that as the wall needs to exist to make the easement usable, it and all associated elements must be within the easement boundary.
How can I get rid of this wall and have it rebuilt correctly? Council is less than useless, and police told me to talk to council.
I have a ROC easement running through my land, which benefits the neighbour.
There was an old stacked stone wall which had failed, because it was wildly inappropriate for the landscape. It also didn't adhere to the easement boundary, so the neighbour had to trespass to get down their drive. The previous owner didn't bother maintaining the wall either, until they wanted to sell.
The old wall was knocked down and moved to the boundary, but no one bothered to check the boundary line, and so the wall (constructed of the material from the old wall), with all associated elements like drainage, is encroaching my property. I had another survey done after it was built.
This "wall" is incredibly inappropriate. It isn't high enough for the landscape, is made of a single skin of 160mm wide stacking concrete blocks without footings or supports, encroaches my land, was built without my permission, did not have a DA or CDC, but somehow council approved it (site unseen). I have video footage of the build taking place showing the lack of supportive strategies, emails with council screaming about it, and GIPA request in place for a copy of a retroactive engineer's report (i wasn't given a copy or consulted).
This wall is encroaching on my land, benefiting an easement which is also on my land. My understanding is that as the wall needs to exist to make the easement usable, it and all associated elements must be within the easement boundary.
How can I get rid of this wall and have it rebuilt correctly? Council is less than useless, and police told me to talk to council.
