澳洲Australia property Dispute with neighbour over airconditioni


在澳大利亚 I need some advice regarding a property purchase. Property - semi-detached house Bedrooms - 2 Condition - average needs internal reno to modernise Street - one of the best in suburb Location - excellent Close to schools - yes Transport - 50m The pool at of an IP needs to be resurfaced (or so the pool doctor says), the cost was estimated to be $10K ($10,000), after recoverying from my impresssion of a cat coughing up a fur ball, it just seems far too much. Its just a standard poo


Hi all,

I have purchased a property last year and recently found out the previous owner installed an airconditioning unit on the roof which is overhanging the neighbour's property by approximately 400mm.

The neighbour have complained and requested for the airconditioning unit to be removed and put else where. His reasoning for wanting to remove the air conditioning unit was due to noise into his bathroom window whilst it is operating. I do not believe the noise is significant.

Yesterday he wrote me a letter threatening to remove the air conditioning unit by himself should I refuse to have removed professionally, the method he proposed was cutting off anything that is overhanging in his roof air space. This would obviously cause damage to the property and the air conditioning unit would no longer be functional.

I am aware that if it was tree branches over hanging, neighbours can choose to cut it off, but an air conditioning unit, I would not think the same rule apply.

It would be great to hear some advice as to how to resolve this problem. I do not want to remove the unit from where it is placed as it is fully functional.  

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If it overhangs his property and asks for it to be rectified you have to do it..  

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shim said: ↑
Hi all,

I have purchased a property last year and recently found out the previous owner installed an airconditioning unit on the roof which is overhanging the neighbour's property by approximately 400mm.

The neighbour have complained and requested for the airconditioning unit to be removed and put else where. His reasoning for wanting to remove the air conditioning unit was due to noise into his bathroom window whilst it is operating. I do not believe the noise is significant.

Yesterday he wrote me a letter threatening to remove the air conditioning unit by himself should I refuse to have removed professionally, the method he proposed was cutting off anything that is overhanging in his roof air space. This would obviously cause damage to the property and the air conditioning unit would no longer be functional.

I am aware that if it was tree branches over hanging, neighbours can choose to cut it off, but an air conditioning unit, I would not think the same rule apply.

It would be great to hear some advice as to how to resolve this problem. I do not want to remove the unit from where it is placed as it is fully functional.Click to expand...
OF ocurs it's fully fucntional, otherwise you probably woudl have replced it.

If you move it, it will be fully funcitonal in iut's new locatiuon, so not sure that's the issue.

How much would it cost to move it ?  

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How long has the a/c been like that?
Was the neighbour living there, when it was installed.

He probably got no where with requesting the previous owner to move it either.

I'd take lots of pictures...and do nothing.

If he damages it, claim it thru your insurance, and move it then.  

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Whose insurance :p:D  

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be a good neighbour and fix the issue of your property encroaching on your neighbours property. unfortunately you did not create the issue but when it comes down to fixing it you will be required to asap as its "overhanging the neighbour's property by approximately 400mm" which you will find will be against council regulations.

xscuseless.gif  

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womble66 said: ↑
be a good neighbour and fix the issue of your property encroaching on your neighbours property. unfortunately you did not create the issue but when it comes down to fixing it you will be required to asap as its "overhanging the neighbour's property by approximately 400mm" which you will find will be against council regulations.

View attachment 8334 Click to expand...
First thing I thought of too... I'd get quote just in case it really might be nothing to worry / about or dig your heels in over (?)  

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Having lived next door to properties with air con units outside my bedroom window ... believe me ... at 10pm, when I'm trying to get to sleep, there is no such thing as a quiet aircon! I be wanting to smash it too!

Your property is encroaching on your neighbours. He has asked you nicely to remove it and now he's getting understandably peeved at having his polite request being ignored ... I think you will find legally - and morally - you are obliged to remove the unit.  

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You have to move it, regardless of who put it there or when. No question.
If it's a terrace type house or unit, with limited options of where it can go nearby, then you will be paying some serious $$$ for it's relocation.  

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If you are encroaching on his land, or above his land, then you may have an issue. But, what can he do about it realistically? Take you to court over a $300 air con? Probably could, but would he?

You also have to bear in mind that you could be neighbours for a very long time and you don't want to get offside.

It is unlikely he would cut it off - how would he do that? But if he did you could sue him for destruction of your property and you could install a bigger and noisier one (making sure it don't sit on his side).  

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first obvious Q, What kind of property
strata?, it aint his space or yours, what permissions exist, what did the body corp decide
perhaps?? the air unit is proper, and neighbour hopes the new owner is too new to know[sup]1[/sup]

2nd obvious Q, how did this escape due dilligence, great for a $off coupon

1 neighbour's hope, not casting aspersions on newness

[noparse][edit]obvious Q: to me anyway[/edit][/noparse]  

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fickle - people arguing about air space they can neither use nor sell.  

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It's more than the air space ... the neighbour has stated that the air con - outside HIS bedroom window - makes it difficult for him to get to sleep.

So ... someone has installed something on HIS property, without HIS permission, that is making HIS life unpleasant. Hmmmmm ...  

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I've had neighbours move a/c units because they were within 3 m of a boundary, generating more noise than allowable & inadequately screened. Not only are you encroaching over the neighbour's property they can seek an order from council leaving you with no leg to stand on.  

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First obvious Q to me is why wouldn't you just do the right thing and move it?  

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lizzie said: ↑
It's more than the air space ... the neighbour has stated that the air con - outside HIS bedroom window - makes it difficult for him to get to sleep.

So ... someone has installed something on HIS property, without HIS permission, that is making HIS life unpleasant. Hmmmmm ...Click to expand...
Agreed.....  

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The air conditioning unit was installed by the previous owner, by a licensed installer.
The unit is adjacent to a bathroom window (not bedroom), the noise of the air conditioning unit is at an acceptable level.
Technically it is on his air space but it's not affecting him. I understand it will have to be removed as it is occupying his air space, I've previously suggested moving it back from the boundary line by 500mm however he is pressuring me to move the air conditioning unit to the other side of the property. I refused as moving to the other side would not only be more costly, but also due to a large pine tree which may interfere with the unit.

He is threatening that if I do not remove the unit to the other side, he will uninstall any part of the air conditioner over hanging on his side. By doing so, the air conditioner will no longer be functional and parts will be damaged.  

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Geeezz! I'm glad I don't have some of you bush lawyers as neighbours.

Nearly half a metre overhang is not a "trifling detail" and aircons DO make more noise than tree branches.

As I see it you have two choices: Do it sooner, or do it later.  

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1 would....

1. Take photos of A/C

2. See a lawyer with photos your neighbour has threatened to damage your property and needs a letter sent to him so that you create a trail of evidence if he does.

3. Move A/C to where you want in on your property, check with solicitor.


The plan is that after receiving the letter from your lawyer the letter and the moving of the A/C (which is in the wrong place and the cause of the problem)is enough to end the problem.


You can get free legal information over the phone, look up your ocal court house in a phone book not online.


Regards
Sheryn  

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Some reading for you from the EPA (ACT)
http://www.noise.act.gov.au/files/Air_Conditioner_Noise_in_Residential_Areas.pdf

...and O of E&H (NSW)
http://www.environment.nsw.gov.au/noise/neighbourhoodnoise.htm

neighbours can make you control noise, might be easier not to go down the formal complaint path  

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