Post by Brent George on Jul 14, 2024 20:21:32 GMT
Landowner wrongly told to fix retaining wall built by his former neighbour
Stuff - Hamilton:14-July-2024
A Hamilton landowner told to fix a large unstable retaining wall built by their neighbour has been successful in overturning a council order that he fix it.
The timber wall in question is up to 4. 2 metres high and runs between two industrial properties on Riverlea Rd, Hamilton.
It was built in the mid-1990s by the former neighbour as a means to create more flat land and to allow trucks to turn. It wasn’t consented when built and Hamilton City Council has no record of who built it.
When council staff visited the site in 2022 to ascertain the correct legal boundary they discovered*** the wall appeared to sit on parts of both properties.
[*** presumably the "council staff" included a surveyor....]
And:
The council said the wall was substantial and “could not possibly have escaped [the owner’s] notice” and it was “incumbent on the owner of a property to know where their boundaries are"...
[Really? I would assume that there would be a good percentage of private and commercial landowners who "think" they know where there boundaries are but would not be sure....]
Stuff - Hamilton:14-July-2024
A Hamilton landowner told to fix a large unstable retaining wall built by their neighbour has been successful in overturning a council order that he fix it.
The timber wall in question is up to 4. 2 metres high and runs between two industrial properties on Riverlea Rd, Hamilton.
It was built in the mid-1990s by the former neighbour as a means to create more flat land and to allow trucks to turn. It wasn’t consented when built and Hamilton City Council has no record of who built it.
When council staff visited the site in 2022 to ascertain the correct legal boundary they discovered*** the wall appeared to sit on parts of both properties.
[*** presumably the "council staff" included a surveyor....]
And:
The council said the wall was substantial and “could not possibly have escaped [the owner’s] notice” and it was “incumbent on the owner of a property to know where their boundaries are"...
[Really? I would assume that there would be a good percentage of private and commercial landowners who "think" they know where there boundaries are but would not be sure....]