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About Peter M. Elliott
Expertise
First response to queries regarding extensions of time, variations orders, site instructions and payment using FIDIC and other forms of Conditions of Contract, based on English Law, and derivatives only.

Experience
Value . . .
It's unwise to pay too much, but it's unwise to pay too little. When you pay too much you lose a little money, that is all. When you pay too little, you sometimes lose everything, because the thing you bought was incapable of doing the thing you bought it to do.
The common law of business balance prohibits paying a little and getting a lot. It can't be done. If you deal with the lowest bidder, it's well to add something for the risk you run.
And if you do that, you will have enough to pay for something better.
. . . John Ruskin (1819 - 1900)
"We are too poor to buy something cheap"
.Romanian Proverb 2002
A lean compromise is better than a fat lawsuit. George Herbert (English poet 1593-1633)
I said it in Hebrew, I said it in Dutch,
I said it in German and Greek:
But I wholly forgot (and it vexes me much)
That English is what you speak!" Hunting of the Snark - Lewis Caroll
Match your presentation to the reader!
The joy of food lasts but an hour, of sleep but a day, of a woman, but a month, but the joy of a building lasts a lifetime. Syrian proverb.
Comments and observations leading to improvements in the translation of FIDIC Red & Yellow books into Romanian prior to approval by FIDIC (reference 'Preface to the Romanian edition')

 
   

You are here:  Experts > Industry > Construction Industry > Construction Law > Construction on a Private Way

Construction Law - Construction on a Private Way


Expert: Peter M. Elliott - 12/8/2004

Question
I live on a dead-end street - a private way, where the land and property is owned by the respective landlords of the buildings on the street, of which there are 6. My mother owns the building I live in.

We have a neighboring landlord who is (as I type this) digging up the street for a drainage repair. He is doing so with no more notice than waking us up this morning to move our cars, although he states he had previous knowledge of the problem as far back as two weeks ago. He did not do so much as notify anyone on the street about the problem. I knew about it yesterday, only because, as I was coming out of the building on my way to a friend's house, he asked me if my car was parked in the place he planned to dig (I don't own a car).

At this very moment, he is blocking the entire street, inconveniencing everyone on the street, including a woman living next door, who comes and goes for dialysis nearly every day by ambulance. Again, this is all without our prior knowledge. When confronted (verbally), he behaved and spoke as if it were no big deal, that he didn't have to let us know at all - actually, as if it were not his problem, and too bad if we don't like it.

I know that when there is construction in the city, residents are at least notified by signs posted in the neighborhood. My question is, in a situation like this, where the city government has no more involvement than having utility pipes under the ground, does the landowner in question have to notify his neighbors? I don't expect him to have to ask permission, but shouldn't he at least have to let us know?

Answer
Hi Maisha,

I have no idea where you live, not even which continent, so I have no idea what law applies.

Have you tried contacting your local council?  I guess that you will have difficulty because it is a private road.

If you want to send a follow up with more information, please do

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