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 council rules for dismantled and rebuild?, neighbor's balcony wall too high.

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TSgenkis3
post Oct 19 2016, 11:04 AM, updated 10y ago

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guys, wanna ask something.
my neighbour demolished and rebuilt their hse and now their balcony concrete wall alot higher than mine, 2meter higher which block my view. can i complain to council or take any action ? my hse is semi D and i have alrdy signed agreement too allowed them to rebuilt b4 they start the work. but i dont know they will raise their house platform level 1m higher than mine, and now balcony wall 2m higher.
advise needed... thanks!
shaniandras2787
post Oct 20 2016, 09:42 AM

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QUOTE(genkis3 @ Oct 19 2016, 11:04 AM)
guys, wanna ask something. 
my neighbour demolished and rebuilt their hse and now their balcony concrete wall alot higher than mine, 2meter higher which block my view. can i complain to council or take any action ? my hse is semi D and i have alrdy signed agreement too allowed them to rebuilt b4 they start the work. but i dont know they will raise their house platform level 1m higher than mine, and now balcony wall 2m higher.
advise needed... thanks!
*
1) is your house a gated/guarded community?
2) does everyone signed a Deed of Mutual Covenants for the property, if so, go through it and see if there are specifications for extensions/constructions/renovations and determine if your neighbor has breached them; and
3) what agreement did you sign and what exactly are the contents, it is imperative to ascertain what kind of consent you are giving to them.

Generally, you can complain to the local municipal council but if your house is located within a guarded/gated community which has its own management corporation, these municipal councils won't get their hands dirty. So, you have 2 options:-

a) to go your neighbor and have the matter settled amicably; or
b) go straight to your management corporation and complain about the wall BUT risk having the goodwill basis relationship ruined because if your neighbor knows you went to the management and complain about them, it's going to piss them.

Good luck!
TSgenkis3
post Oct 22 2016, 03:21 PM

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QUOTE(shaniandras2787 @ Oct 20 2016, 09:42 AM)
1) is your house a gated/guarded community?
2) does everyone signed a Deed of Mutual Covenants for the property, if so, go through it and see if there are specifications for extensions/constructions/renovations and determine if your neighbor has breached them; and
3) what agreement did you sign and what exactly are the contents, it is imperative to ascertain what kind of consent you are giving to them.

Generally, you can complain to the local municipal council but if your house is located within a guarded/gated community which has its own management corporation, these municipal councils won't get their hands dirty. So, you have 2 options:-

a) to go your neighbor and have the matter settled amicably; or
b) go straight to your management corporation and complain about the wall BUT risk having the goodwill basis relationship ruined because if your neighbor knows you went to the management and complain about them, it's going to piss them.

Good luck!
*
it's non gated.
it just a simple agreement for majlis perbandaran that i've agreed to let them rebuilt.
local council also send me letter to inform that i can dispute within 21days but i didnt.

actually they not willing to compromise that's y im seeking advise here. when im try to discuss with them, they have told me that have no right to do anything actually. is that true?


This post has been edited by genkis3: Oct 22 2016, 03:31 PM
shaniandras2787
post Oct 24 2016, 12:17 PM

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QUOTE(genkis3 @ Oct 22 2016, 03:21 PM)
it's non gated.
it just a simple agreement for majlis perbandaran that i've agreed to let them rebuilt.
local council also send me letter to inform that i can dispute within 21days but i didnt.

actually they not willing to compromise that's y im seeking advise here. when im try to discuss with them, they have told me that have no right to do anything actually. is that true?
*
That letter in which you have signed for the Majlis is the consent letter your neighbors needed to get their application approved. So, technically speaking, you cannot revoke your consent after the thing purported to be done has been completed.

Since there is no Deed of Mutual Covenants signed then basically, the only avenue that you have against your neighbor is through a civil suit and it is not true that your neighbors told you that "you have no right" laugh.gif everyone has civil liberty rights. It's an inherent right and cannot be taken away.

The only way I can see if you can dispute is by raising the fact that when your neighbor passed the forms to you, they misrepresented to you or they had the intention to mislead you, inducing you to sign the approval letter. Did they or did they not pass you the specification of the wall that was to be built at that material time of signing?

Whatever it is, like I said, if they are being adamant in negotiating and trying to play hard ball, you can play hard ball too. Seek a legal counsel's advise and issue to them a letter of demand.
TSgenkis3
post Oct 24 2016, 07:49 PM

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QUOTE(shaniandras2787 @ Oct 24 2016, 12:17 PM)
That letter in which you have signed for the Majlis is the consent letter your neighbors needed to get their application approved. So, technically speaking, you cannot revoke your consent after the thing purported to be done has been completed.

Since there is no Deed of Mutual Covenants signed then basically, the only avenue that you have against your neighbor is through a civil suit and it is not true that your neighbors told you that "you have no right" laugh.gif everyone has civil liberty rights. It's an inherent right and cannot be taken away.

The only way I can see if you can dispute is by raising the fact that when your neighbor passed the forms to you, they misrepresented to you or they had the intention to mislead you, inducing you to sign the approval letter. Did they or did they not pass you the specification of the wall that was to be built at that material time of signing?

Whatever it is, like I said, if they are being adamant in negotiating and trying to play hard ball, you can play hard ball too. Seek a legal counsel's advise and issue to them a letter of demand.
*
they didn't pass the spec of the wall , and i didnt know the whole building platform also raise by 2feet.

thanks alot shaniandras2787

 

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