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I live in a small strata of 4 townhouses. The old federation house next door was bought up by a developer a few years ago and he is in the process of building a 2 blocks of 23 studio flats, which he is calling a boarding house.
Last week the site foreman approached us and said they’d be demolishing approximately 3/4 of the solid brick retaining wall and wooden fence between our properties in about 10 days and replacing it with a temporary fence prior to its replacement. The boundary wall while sound is leaning out of square somewhat and would at some point have had to be fixed, but wasn’t a high priority for us.
We were ok with their proposal as long as the replacement was like for like, but the following day the foreman told me that they would only be replacing the bottom 3rd or so of the retaining wall and put in a higher fence to compensate. It would seem that having excavated all the soil on their side to level the block, the retaining wall was no longer there for that purpose and they were not obliged to replace it.
We reluctantly agreed as long as the bricks used in the much reduced brick wall was a good colour match for the rest and we gave him a brick sample to work with. The foreman then spoke to me the following day and said they would not be colour matching the bricks, but be using bricks left over from the flats being built. The current wall is built from blonde bricks, the boarding houses will be using a coffee coloured brick.
When I expressed our dissatisfaction with this decision, he basically told us that he is just a mouthpiece for the owner and not authorised to negotiate with us. I asked to speak to the owner and have had no communication since.
My question is can we stop them from coming onto our property and demolishing the current boundary wall on Thursday.
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