Any real estate lawyers around here?

[moXJO]

I wouldn't either. One wrong step from you and it's ruined. He's offered the olive branch, and he obviously trusts you. Continue the "do-nothing" approach, I reckon. Finish his books and expect nothing in return. You'll get your view.

Agree, being civil saves dollars in the long run. Personally I find his attitude a bit tosser like considering he is taking this to court. But grit your teeth and let him lose a few more coins on lawyers.

 

[gordon2007]

Well, that didn't work. Our 'friend' just called in again.

Went on to say he's continuing with the appeal and that it's nothing personal. I tried to show him exactly where he was wrong with his views on this case but there's just no talking sense to him. Oh well...All we can do now is just wait and see if they actually follow through with it all.

 

[banco]

Well, that didn't work. Our 'friend' just called in again.

Went on to say he's continuing with the appeal and that it's nothing personal. I tried to show him exactly where he was wrong with his views on this case but there's just no talking sense to him. Oh well...All we can do now is just wait and see if they actually follow through with it all.

I'm a lawyer but obviously can't give you specific advice. Has he actually filed a statement of claim? If he's represented he'd be looking at $20,000 minimum to run the case. He'd have to be pretty determined and/or have deep pockets to be willing to spend that kind of money on a planning dispute.

 

[gordon2007]

I'm a lawyer but obviously can't give you specific advice. Has he actually filed a statement of claim? If he's represented he'd be looking at $20,000 minimum to run the case. He'd have to be pretty determined and/or have deep pockets to be willing to spend that kind of money on a planning dispute.

They haven't actually filed the appeal yet. They have until May 12. It's really starting to crap me off now. Mostly not because I'll have a delay of a house, but because our builder only builds one house at a time and as he was planning on building ours, he now has no work lined up.

They have hired a lawyer already and have told us to move the house back or else they'll appeal the process. I agree with you about how much $$$ he'll spend, actually thinking it'll cost more.

In an ironic twist, the same lawyer he has hired tried to sue him a few years ago about another property. In that case someone else was suing him in regards to a fence. Our 'friend' actually defeated this lawyer and won the case and he didn't even have counsel. It just gets more comical every day.

 

[drsmith]

They haven't actually filed the appeal yet. They have until May 12. It's really starting to crap me off now. Mostly not because I'll have a delay of a house, but because our builder only builds one house at a time and as he was planning on building ours, he now has no work lined up.

Have you halted building ?

I hope not. That would send the strongest message in my view.

When next the discussion comes up, advise him it's nothing personal and enjoy the cuppa.

 

[gordon2007]

Have you halted building ?

I hope not. That would send the strongest message in my view.

When next the discussion comes up, advise him it's nothing personal and enjoy the cuppa.

There are two approvals needed when building. The first and main approval is development approval. That we have. After that the builder needs to get his approval. That is normally a rubber stamp job. It is this that they now won't grant due to wanting to protect themselves against possible legal action.

We have done all the ground clearly and soil. In a bad twist for us, our builder only sought his approval last week as he was away finishing up another job. I certainly hold nothing against our builder but had he only sought his approval just a few days earlier we'd be away building already.

I have a meeting with council ceo tomorrow to plead our case in obtaining his approval. If successful then it will start monday.

 

[moXJO]

Plant a couple of trees out the front to block his view

 

[drsmith]

I have a meeting with council ceo tomorrow to plead our case in obtaining his approval. If successful then it will start monday.

To be honest, I find the whole thing quiet bizarre.

How on the one hand can they as neighbours be as friendly as they are, asking favours on one hand and on the other try to influence your building plans the way they have? They've got a hide.

I ultimately wonder if it's all bluff. When building starts (all going well with council ceo tomorrow), you'll know soon enough.

 

[gordon2007]

To be honest, I find the whole thing quiet bizarre.

Yep, preaching to the choir here. I've never been in such a freakish event in my life.

 

[gordon2007]

Sigh
Now an email from lawyer stating I'm rude for not replying to their 'official' letter and that our plans are a 'detriment' and again if I don't move it they will litigate. I'm actually done being upset and am now quite amused by it all. This lawyer seems like a total goof ball.

I've been to the council ceo. They are just checking with their legal team to make sure everything was done correct and then will give our builder his approval this week. Then full steam ahead.

 

[DocK]

Your "friend" next door sounds to me like a total bully - and I suspect he's trying to bully/bluff you into doing what he wants with the threat of litigation. It also sounds as though he has a habit of resorting to legal action whenever he feels aggrieved.

My take on the situation as you've presented it is that he built his house on his block to suit his idea of its ideal position, without taking into account that the vacant blocks on either side of him were not his to control. If he chose to set his house back further from the boundary than he needed to, and indeed further back than most/all of the other houses on the street, than he miscalculated badly and is now faced with having to confront the fact that he made a rather large error. Some people don't like to be wrong, and will go to ridiculous lengths to avoid being proven wrong. His method seems to be to intimidate you into situating your house into a position where he can be "right". Heaven knows how he's convinced the owner of the other vacant block to join him!

His actions do not sound like those of a genuine friend to me. It would be sheer folly for you and your wife to compromise your future enjoyment of the retirement home you've planned, not to mention that deliberately reducing the value of your investment by situating it further back than other homes in the street would be madness. Your neighbour has no control over what may happen on the other vacant block - as you say, its owner may sell it, or change his mind once he sees the other homes in the street and build as close to the street as he can - how would you feel if you gave in to your "friend's" demands now only to have that happen?

If I was in your position I would write your "friend" a letter politely expressing my disappointment in his tactics and behaviour, and setting out the reasons I felt his demands to be out of order. I would then proceed to build my home where I wanted as soon as permitted to do so by council. I suspect that once he sees you and/or council won't be intimidated into acceding to his demands he'll drop the legal action. I wouldn't be at all surprised if he then sold up, rather than have to live with the proof of his own error.

 

[moXJO]

Sigh
Now an email from lawyer stating I'm rude for not replying to their 'official' letter and that our plans are a 'detriment' and again if I don't move it they will litigate. I'm actually done being upset and am now quite amused by it all. This lawyer seems like a total goof ball.

I've been to the council ceo. They are just checking with their legal team to make sure everything was done correct and then will give our builder his approval this week. Then full steam ahead.

Maybe talk to a lawyer so you can get an idea of what you can do (like sue) if he does manage to put a halt on building (which I doubt very much). Surely the builder would have some kind of case if it was put on pause.

 

[drsmith]

Sigh
Now an email from lawyer stating I'm rude for not replying to their 'official' letter and that our plans are a 'detriment' and again if I don't move it they will litigate. I'm actually done being upset and am now quite amused by it all. This lawyer seems like a total goof ball.

He's fishing for information. Anything that might give him a toe in the door. Continued silence is best in my view.

As Khan once said upon request for communications (1min20sec),

Let them eat static.

Unlike Khan though, your position is one of defence, not attack.

I've been to the council ceo. They are just checking with their legal team to make sure everything was done correct and then will give our builder his approval this week. Then full steam ahead.

If you've been keeping notes, it might ultimately be worthy of a book.

 

[MrBurns]

He's fishing for information. Anything that might give him a toe in the door. Continued silence is best in my view..

Absolutely, just do not respond at all, that's exactly what they'd do to you if it suited them.

 

[Whiskers]

Sigh
Now an email from lawyer stating I'm rude for not replying to their 'official' letter and that our plans are a 'detriment' and again if I don't move it they will litigate. I'm actually done being upset and am now quite amused by it all. This lawyer seems like a total goof ball.

I've been to the council ceo. They are just checking with their legal team to make sure everything was done correct and then will give our builder his approval this week. Then full steam ahead.

That's the way gordon2007.

I'd say don't respond to the lawyers letter and email yourself, except to maybe ask/clarify what grounds they intent to litigate on.

If there are no 'reasonable' grounds as it appears, that may be grounds for you/your lawyer to counter with a complaint of abuse/harrassement. Further, if (your lawyer) considers their demands/litigation to have no honest claim of right and or is intended to defraud you, there may be grounds for criminal action and or disciplinary against their lawyer.

Something to consider if they become too much of a pain in the @rse.

 

[gordon2007]

Just a quick update.

Have just yesterday got full council approval to start the build. We'll now go ahead as planned.

As for the lawyers letters, have also just received another one yesterday basically stating the same crap along with another 7 day limit demanding I respond to him. It gave me a good chuckle reading it. I find it quite humourous that they keep moving their deadline back. I shall just store that letter with the others and not respond.

Hopefully we can be in there in time for next summer.

 

[lindsayf]

This guy seems to be a manipulative narcissistic bully. I wonder if you will let him into your house or trust a word he says again? You have certainly given him the benefit of the doubt and been very patient with him. BUt he has abused this response from you. He was wanting information from you the day he came and requested assistance from your wife. He may be confused by his own behaviour (ie other stressors etc) or this form of 'freind one day foe another day' may be a deliberate unsettling tactic he has used before. Anyway..he has made it clear he is not be be trusted.

Hope the build goes to plan, it seems by far the best way to go then he will see you are not vulnerable to his manipulations and hopefully eventually give up.

 

[gordon2007]

Just a quick update on building progress and legalities. Our house is well and truly on it's way. Slab has been poured and trusses are up. Our 'friend' today came over. Apologised 1001 times stating he completely misunderstood everything. Their appeal has been dropped and everything is well on it's way now.

As for his friendship, I'm inclined to forgive but will definitely keep my guard up.

 

[MrBurns]

Just a quick update on building progress and legalities. Our house is well and truly on it's way. Slab has been poured and trusses are up. Our 'friend' today came over. Apologised 1001 times stating he completely misunderstood everything. Their appeal has been dropped and everything is well on it's way now.

As for his friendship, I'm inclined to forgive but will definitely keep my guard up.

Congrats, nothing works as well as winning...

 

[Julia]

Good to hear, Gordon. You have a generous heart, hopefully tempered with some wariness.