Next Door Neighbor Left A Mess

by eargoggles on Sat Apr 14, 2018 2:16 pm

Hi there , the next door neighbor has had some sand blasting done and left a rotten mess in our garden which now looks like the surface of the moon ,the Mrs has been round to confront them about it and they didn`t even offer or attempt to clean it up .any ideas on what can be done lawfully

by **daveiron** on Sat Apr 14, 2018 2:39 pm

Send them a bill for clean up, also if you know the name of the contractors ,contact them and inform them that unless they clean up & restore your property to its original state you will make a claim against their Public liability Insurance & you will also contact Health & Safety.

Important take lots of photos .

by eargoggles on Sat Apr 14, 2018 4:02 pm

thanks for your reply got a video and pics .

by **Society of the Spectacle** on Sat Apr 14, 2018 9:43 pm

Good Luck,

by eargoggles on Sat Apr 14, 2018 11:40 pm

@Society of the Spectacle wrote:Good Luck,

why good luck, are you my neighbor ? lol

by Ausk on Sun Apr 15, 2018 9:32 am

Research "Private Settlement Agreement."

Send them a letter requesting action - clean up. Do everything in hard copy writing, not email.

Give them 14 days to respond in writing and 28 days to begin clean up work.

Send your letters by registered post so they cannot claim they did not receive them. Do not tell them what happens as these stages are worked through.

Keep us posted and if you would someone to review your documents before you send them shout out or you can send them to me.

The documentation is:

letter requesting action
reminder or notice - same thing in contract law.
Affidavit
Notice
Reminder
Default
Private Agreement between the parties.
Enforcement order from the local court.

Go here first and take it from there - don't worry about it being in Aus it makes little or no difference, its the learning that's important.

https://therunawaycontract.net/about/

the little problem you have will make a very good first application of the learning.

by eargoggles on Sun Apr 15, 2018 3:33 pm

ta for the info Ausk. in this country england if i gave them 28 days to do the clean up ,the rain would have cleaned it up long before ,it is actually raining today. the workers are back again tomorrow no doubt to make more mess so they will be confronted .

by **daveiron** on Sun Apr 15, 2018 4:33 pm

If they are back in the morning .Tell them to clean up first ,If they refuse ,tell them that as soon as more dust comes onto your property you will immediately call Health & Safety. You will no doubt find that will get the desired result.

by **assassin** on Mon Apr 16, 2018 2:30 am

Civil claim against the neighbours under vicarious liability, and another claim against the contractor for failing to comply with H&S requirements.

by Ausk on Mon Apr 16, 2018 10:05 am

@assassin wrote:Civil claim against the neighbours under vicarious liability, and another claim against the contractor for failing to comply with H&S requirements.

Good suggestion Assassin

by eargoggles on Sat Apr 21, 2018 1:15 pm

the workers cleared up our garden the next day . i think the hard word from the missus was enough,she had also rang the council arrgg! . they sent somebody up anyway to check the sandblasters out ,probably sniffin around see if they could slap a penalty charge on anybody. thanks for all the great suggestions anyhows ,that`s more info to digest .

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