Encroachment Issues

[Chadil 0]

Dear all,

I bought a single storey interterrace and to my left is also this single storey. Its roof hangs out by more than a brick's width over the entire side of my house. When we approached the old couple next door, the guy actually told us, "But we were here first!" Though old but very childish. They went on to sought our assistance to remove the part of the roof (flashbonding) encroaching into our area. Initally, they approached their roofer who wanted to charge them exorbitantly. They then request for our roofer to do the cutting back at a much cheaper rate. We thought that since they were neighbours, we obliged. We intro the roofer and that's about it. However, the lazy roofer removed only the back part (less than a third of the total encroachment)! We help our neighbour by requesting our contractor to remove the area protruding into our land without charging him a single cent. In fact, in the end, they also did not pay a single cent to our roofer for his work. On top of that, they came over to our place and ordered our workers to help them remove some fencings which they do not need anymore.

Because our contractor helped him to remove the rest of the encroaching roof, our neighbours hold us responsible for every single thing. By right, his next step should be to find someone to replace his flashings. Our roofer did not continue as they did not pay him. Infact, we let the roofer go without installing our roof as he had attitude problems. The roofer informed my neighbour that he was no longer working for us. Instead of solving his own problem, our neighbour waited for 2 months for us to get a new roofer so as to get a free ride. They told us that since our contractor removed his flashbondings which was into our area, it was our responsibility to ensure new ones are installed on their roof. My current roofer would be willing to do it but he needs to charge my neighbour. My neighbours told us that they would not need to pay a single cent coz our contractor removed the flashings. Also while waiting for the "free ride", our neighbours claimed that due to the removed flashings and unreliability of the canvas sheet temporarily covering the removed areas, there was water leakage and there were water stains in their false ceilings. They would expect us to replace them free of charge. The lady of the house even threathened us,"Want me to call BCA or not." We dun understand how BCA can get us as we had already applied for proper permit.

I am prepared to go to court. Can anyone recommend a good lawyer, experienced in this area?

Many thanks.

[yoongf 11]

Firstly.. whatever u did on your neighbour's property, "help" him remove flashing etc.. was there any black and white? Normally the contractor wld have asked for a black and white, or rather.. the SOP is to get black and white to indicate that thet works were initiated by the neighbour. This is to make sure the additional works does not form part of your scope, and if any problem, BCA will not consider this as your problem.

If dun have.. then anything done.. and any damages... is considered as part of your works, and your contractor is liable to rectify.

But I have to say.. my view is that the neighbour is not being unreasonable. Inter Terr.. with shared boundary wall,.. overlapping to prevent water seepage is normal practice. But what transpired between the neighbour and the contractor.. that is human nature.. so cannot comment.

Your neighbour is not unreasonable to hold u responsible for everything, and he dun have to replace his flashings. His argument is simple.. before u came along, life was peaceful. When u started your works.. things start to leak.

I tink best course now is .. ur contractor shd take steps to mitigate further damage to your neighbour, whatever damage done need to fix.

[Chadil 0]

Firstly.. whatever u did on your neighbour's property, "help" him remove flashing etc.. was there any black and white? Normally the contractor wld have asked for a black and white, or rather.. the SOP is to get black and white to indicate that thet works were initiated by the neighbour. This is to make sure the additional works does not form part of your scope, and if any problem, BCA will not consider this as your problem.

If dun have.. then anything done.. and any damages... is considered as part of your works, and your contractor is liable to rectify.

But I have to say.. my view is that the neighbour is not being unreasonable. Inter Terr.. with shared boundary wall,.. overlapping to prevent water seepage is normal practice. But what transpired between the neighbour and the contractor.. that is human nature.. so cannot comment.

Your neighbour is not unreasonable to hold u responsible for everything, and he dun have to replace his flashings. His argument is simple.. before u came along, life was peaceful. When u started your works.. things start to leak.

I tink best course now is .. ur contractor shd take steps to mitigate further damage to your neighbour, whatever damage done need to fix.

There are photos taken during the whole process. There was also agreement to use our roofer. In black and white, we have evidence of invoice which is shows that the contract is between my neighbour and the roofer, we are not involved at all. Anyway with regards to water seepage, we opened up the roof access and took photos. There was no wetness or water accumulation. This means that the water stains were previously there already and he was hoping for more free rides. I called up SLA about encroachment issues and was told that we are entitled to remove anything into our area without replacing them as they were in our area. "Your neighbour is not unreasonable to hold u responsible for everything, and he dun have to replace his flashings." Yoongf, he had to replace his own flashings and not us according to the SLA officer. Whatever my contractor had done was only in my area, not in his area so that contractor is not liable to rectify too.

Also, I have found a lawyer, a contact from my friend. Will be meeting him today later.

[Chadil 0]

There are photos taken during the whole process. There was also agreement to use our roofer. In black and white, we have evidence of invoice which is shows that the contract is between my neighbour and the roofer, we are not involved at all. Anyway with regards to water seepage, we opened up the roof access and took photos. There was no wetness or water accumulation. This means that the water stains were previously there already and he was hoping for more free rides. I called up SLA about encroachment issues and was told that we are entitled to remove anything into our area without replacing them as they were in our area. "Your neighbour is not unreasonable to hold u responsible for everything, and he dun have to replace his flashings." Yoongf, he had to replace his own flashings and not us according to the SLA officer. Whatever my contractor had done was only in my area, not in his area so that contractor is not liable to rectify too.

Also, I have found a lawyer, a contact from my friend. Will be meeting him today later.

Whoops, sorry, not SLA officer, it's SISV's. They have some kind od mediation center for such issues.

[yoongf 11]

Your works is under a BCA permit. Going to mediation even before works is completed and CSC issued, may not be a good idea.

[JustAsking 0]

BCA or URA would not intervene if the issues do not fall under the guidelines regarding building restrictions like set back required or other specified rules in private landed houses.

Yours has become a private dispute and the reason is this.

You should not have asked your own roofer to remove any of their encroaching properties in the first place.

The right way is to ask ( nicely at first) them to remove it on their own accord and expense or else you lawyer letter them.

[yoongf 11]

BCA or URA would not intervene if the issues do not fall under the guidelines regarding building restrictions like set back required or other specified rules in private landed houses.

Normally, this is true.. but in this instances.. the A&A works is done under a BCA permit. That permit says to the effect that neighbour not happy = 100% contractor fault.

[chadill 0]

Hi, things got settled after mediation by one of the authority. My neighbour bear the costs of the flashings due to encroachments. We do touch up for others.