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Topic # 138956 23-Jan-2014 07:10 Send private message

My shed's on the boundary on my property, so one wall is only accessible from the neighbors property. The shed leaks from every side through the bricks, it's become a significant problem, and I need to have it fixed. It's very old, made of those big concrete bricks, the mortar's crumbling in places, though it has a new roof that I had put on a couple of years ago. Three painters have told me the exterior wall needs to be water blasted, patch primed, waterproofed, and painted - one guy suggested a rubber membrane.

The owner of the property (he rents it out) isn't very keen on letting me on his property as fixing the wall would destroy a mural/painting he had put there around 7-10 years ago, with permission from the previous owner of my property. He's tried to repair the wall himself but it still leaks in multiple places. I would prefer not to remove it, but the advice I've gotten is the best way to fix the shed is to strip it rather than say try to put a clear membrane over it. His suggestion is to paint the inside of the shed wall, though the advice I've gotten is that's just won't work, water will build up in the bricks and the paint will come off. If there is a way to preserve the feature that will reliably waterproof it for 5+ years I'd be happy with that. I want a permanent solution, I don't want to deal with it again in 5 years, and the painters all offer warranties - the rubber membrane guy offers 25 years. 

Obviously I want to get along with my neighbor, but I suspect we're not going to agree on this. I'm approaching it as gently as possible.

Do I need my neighbors permission to access his property? Any thoughts on the situation, legislation, the repair, etc?

Update: clear waterproofing product found, agreement with neighbor to apply reached.




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Displaced Viking
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  Reply # 972580 23-Jan-2014 07:17 Send private message

The short answer is you need his consent to go on his property.




Mike

 Interesting. You're afraid of insects and women. Ladybugs must render you catatonic.



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  Reply # 972581 23-Jan-2014 07:20 Send private message

What's the long answer? I called WCC and they said it's possible to get permission through some process they weren't clear about, perhaps through the courts, which I'd really rather avoid if possible. Ideally I'll talk to him and we'll work something out, I just like to know what my options are.




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  Reply # 972582 23-Jan-2014 07:28 Send private message

Have you offered to replace the mural?



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  Reply # 972583 23-Jan-2014 07:38 Send private message

Good question, I hadn't though of that. That could cause problems the next time I needed to maintain the wall, eg if it started leaking. I have offered to take a photo of it for him (I'm a professional photographer), and I guess I could get it printed onto something and attached to the side of the shed. It seems a little impractical though.

It's my shed, I should really be able to do whatever I want with it, and making it water tight is a fairly reasonable aim. If I want to paint it orange with purple spots, glow in the dark paint, anything. Though I do understand his position and I want to be reasonable. In the past he has said if the mural has to go then he won't stand in my way, though he will want to explore all options to keep it. I have no objection to it at all, I just don't want the shed to leak.

Does anyone know a way to waterproof the side of the shed without having to strip it? Some kind of clear coating?




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  Reply # 972585 23-Jan-2014 07:48 Send private message

Attach clear perspex /glass to that wall?



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  Reply # 972586 23-Jan-2014 07:50 Send private message

It's not the craziest idea I've ever heard... let's see if we can find a clear coating that can be painted on first though.




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  Reply # 972587 23-Jan-2014 07:54 Send private message

www.swepdri.com.au/siloxane.php



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  Reply # 972588 23-Jan-2014 07:56 Send private message

Looks like an interesting product. It seems to be made to go onto clean bricks and concrete, I wonder if it can go over painted concrete?




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  Reply # 972611 23-Jan-2014 08:39 Send private message

Tell him either you fix it, or it comes down? Both ways he loses the mural painted on YOUR shed.


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  Reply # 972612 23-Jan-2014 08:42 Send private message

timmmay: What's the long answer? I called WCC and they said it's possible to get permission through some process they weren't clear about, perhaps through the courts, which I'd really rather avoid if possible. Ideally I'll talk to him and we'll work something out, I just like to know what my options are.


The long answer is you could negotiate with your neighbour and come to a compromise to gain consent to access his/her property to carry out the work. However in the end it comes down to the property owners choice. You could demolish the shed and build a new one but under current 
building regs it will need to be one meter from the boundary, you can build closer but will require consents and would need to include a fire safe wall on the boundary.

As for the mural, it is painted on your property so it is in effect yours and again it becomes property owners choice.




Mike

 Interesting. You're afraid of insects and women. Ladybugs must render you catatonic.

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  Reply # 972614 23-Jan-2014 08:44 Send private message

Years ago, I helped my stepdad silicone my grandmothers summerhill stone flat. That is a silicone, clear, liquid that we painted on by brush, just to waterproof the painted summerhill stone. Can you check the Mitre 10, etc for that product?



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  Reply # 972616 23-Jan-2014 08:49 Send private message

trig42: Tell him either you fix it, or it comes down? Both ways he loses the mural painted on YOUR shed.


Not practical as the property isn't huge and as below I'd need to build a meter from the property line.

KiwiNZ: The long answer is you could negotiate with your neighbour and come to a compromise to gain consent to access his/her property to carry out the work. However in the end it comes down to the property owners choice. You could demolish the shed and build a new one but under current building regs it will need to be one meter from the boundary, you can build closer but will require consents and would need to include a fire safe wall on the boundary.

As for the mural, it is painted on your property so it is in effect yours and again it becomes property owners choice.


It is my mural, isn't it. Interesting position.

tdgeek: Years ago, I helped my stepdad silicone my grandmothers summerhill stone flat. That is a silicone, clear, liquid that we painted on by brush, just to waterproof the painted summerhill stone. Can you check the Mitre 10, etc for that product?


Yeah I'm looking into coatings. My painter has called Dulux and they have no clear coating that would waterproof the wall, though they have products that could increase the water resistance. I don't want to go through this again in a few years though, so it's waterproof or nothing really. I've found this product which may do the job, but I'd need to find someone who can apply it.




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  Reply # 972617 23-Jan-2014 08:55 Send private message

Bugger!

Just had a quick read about sealing a basement for that product to see if it HAD to have a qualified person to apply it

AQURON must have direct access to the surface of the concrete. i.e. any paint or coating that may be on the blocks needs to be removed before the AQURON Treatment.



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  Reply # 972618 23-Jan-2014 08:56 Send private message

Damn, I was hoping it could go over the top. Thanks for the info.




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  Reply # 972619 23-Jan-2014 08:57 Send private message

Lawyer here.  Above suggestions are best, obviously permission is the cheapest and best way to go for ongoing neighbourly relations (and for your wallet).

If all else fails, you can get a court order.  I am unsure of the costs I am sorry, as it rarely comes up!

See: Property Law Act 2007 here: http://www.legislation.govt.nz/act/public/2007/0091/latest/DLM969559.html
Part 6
Special powers of court Subpart 1—Entry onto neighbouring land 319Owner or occupier of land may apply to court for order authorising entry onto or over neighbouring land
  • (1)A person may apply to a court for an order under section 320 if the person is an owner or occupier of any land who wishes to enter onto or over any neighbouring land for any of the following purposes:
    • (a)to erect, repair, alter, add to, paint, or demolish the whole or any part of any structure on the applicant’s land; or
    • (b)to do any other necessary or desirable thing in relation to the applicant’s land.
    (2)An application under subsection (1) may be made only if the applicant has given at least 5 working days’ written notice of intention to apply for the order to—
    • (a)the owner of the neighbouring land; and
    • (b)if the owner is not the occupier of the neighbouring land, the occupier of that land.
    (3)The written notice required by subsection (2) must adequately inform the owner and, if applicable, the occupier of the neighbouring land of all of the following matters:
    • (a)the nature of the proposed work:
    • (b)how the work is proposed to be undertaken:
    • (c)the time during which the work is proposed to be undertaken:
    • (d)the measures that are proposed to be taken to maintain adequate access to the neighbouring land.
    (4)In this section and section 320, neighbouring land means any land for which the order is sought whether or not it adjoins the applicant’s land.  

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