Topic: Breaching exclusive use by law – FLAT CHAT

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25/02/2013 at 1:47 pm #8708 Reply | Quote
struggler
Flatchatter
An aquaitences has approached regarding a problem in his small townhouse complex. His immediate neighbour applied for an exclusive use by law in order to have a pergola erected over his courtyard. Everyone was happy with the plans provided which showed the pergola would be a few metres away from the fence of my friends courtyard. Problem is it isn’t avew metres away and has been erected considerably closer to the fence. So now this friend can see the structure over the fence and is not happy about it. Enquiries to the EC have lead no where. They don’t want any bother.

If plans are produced in order to secure an exclusive use by law, and these plans are not adhered to, does this not constitute a breach of this by law? My suggestion was to contact council about this structure and see if any plans were submitted regarding it. This friend has limited means and funds to fight this alone. But what’s the point of an exclusive use by law if they then do want they want anyway? And if the EC doesn’t step in and enforce it and the structure that has been built does not match the details on this by law, would responsibility of its maintenance fall back onto the EC?
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Reply To: Reply #20751 in Breaching exclusive use by law

PLEASE ... If your property is not in NSW, mention its location (state). Don't identify companies or individuals by name. Don't mention or promote your company or services. Keep acronyms and initials to a minimum. Please, don’t use “quote” unless there is a specific point to which you wish to refer, then highlight (define) that specific passage before you click on "quote". Otherwise just use reply. THANKS.