Latest news with #DavidMoor
ABC News
6 days ago
- Health
- ABC News
Messy legal battle underway after couple builds house on wrong block
On today's show: Melanie and David Moor are fighting a legal battle to keep their home after they mistakenly built their house on the wrong block. The couple was given 14 days to relocate the house, but said they could not afford to, and the contractor advised that the house may not survive the relocation. Reporter: Jean Bell (Warrnambool) At more than a third the size of Greater Sydney, Thurloo Downs National Park in far western New South Wales will be one of the state's largest once it opens in 2026. While things are on track, pastoralists in the area have raised questions over pest management, as well as accessibility. Reporter: Bill Ormonde (Broken Hill) Struggling to breathe, battling a staphylococcus infection and suffering from other age-related illnesses, Neil Robinson's family knew he was nearing the end of his life. His family did not want the 85-year-old to die in hospital but knew bringing him home could be overwhelming and complicated. A friend suggested hospice care, and it ended up being the solution Neil's family was looking for. Reporter: Karyn Wilson (Rockhampton) With more than 150,000 people living with Parkinson's disease in Australia, it's the second-most common neurological disease after dementia. While a cure remains elusive, some relief has been delivered at Hervey Bay in Queensland, through the sport of table tennis. Reporter: James Taylor (Hervey Bay) The breathtaking ranges east of Alice Springs were the background for the year's most dramatic horse race. Star horses from local cattle stations faced off against each other in the Stockman's Cup. Reporter: Charles Geary (Alice Springs)
ABC News
7 days ago
- Business
- ABC News
Victorian courts ill-equipped to help people who build houses on wrong blocks
Building a house on the wrong block of land does not happen very often, but it happens enough that some Australian states and other countries have laws in place to resolve it. Unfortunately for Melanie and David Moor, who are grappling with this issue in south-west Victoria, there are no such laws in place in their state despite it being mooted as part of a law review in 2010. Adjunct professor at Victoria University's Sir Zelman Cowen Centre, Pam O'Connor, was the commissioner of the Victorian Law Commission's 2010 review into the state's Property Law Act 1958. As part of the review, the commission examined a case much like the situation between the Moors and the owner of the Camperdown block. In a case from 1957, called Brand vs Chris Building Company, a defendant had also mistakenly built a house on the wrong land. The Supreme Court ultimately ruled it did not have the jurisdiction to aid the defendant, effectively granting the house to the landowner. "The Supreme Court of Victoria said in that situation [the house] belongs to the owner of the land, basically end of story," Professor O'Connor said. "There's no compensation [for the defendant] even though it adds to the value of the land." Professor O'Connor said the so-called mistaken improver problem had been dealt with in South Australia, New South Wales, Queensland and New Zealand through laws that gave the Supreme Court "discretion to make such orders as are just and equitable in the circumstances". This may include ordering land sales, ordering the removal of improvements, transfer of titles, or ordering the landowner to pay the home builder compensation. "There's a range of things a court can do to deal with the varied circumstances that can arise," Professor O'Connor said. It is unclear how often the matter of building on the wrong block comes up. But a Queensland district court judge noted in a similar 2010 incident that the frequency of it happening "is surprisingly large". "Such errors are likely to recur as long as there is large-scale development of new residential subdivisions, which in their undeveloped condition often make it difficult to identify a particular allotment or to distinguish one from another," the judge said. Professor O'Connor agreed, noting that Queensland had reviewed its property law act twice recently. "It's probably come up other times [in Victoria since 1957] but people may have been able to sue somebody [like] a builder or architect who doesn't check [the address] — they might seek compensation from that professional," she said. "The problem is that Victoria has never really provided for this scenario, and they haven't given the court the range of powers that it would need to fashion an outcome that's fair in particular circumstances, which is a real shame. "The commission put forward a very specific proposal supported by detailed analysis of the legal problem, and it hasn't been acted on." The state government has been approached for comment. Discussions between the Moors and the owner of the Camperdown block of land remain ongoing. "I just hope the lawyers can come to some sort of resolution," Ms Moor said.
RNZ News
05-08-2025
- General
- RNZ News
Victorian couple risk losing brand new home after building on wrong block
By Jean Bell and Olivia Sanders Melanie Moor and her partner David were shocked to learn they had built their house on the wrong block. Photo: ABC South West Victoria: Olivia Sanders Melanie and David Moor were looking forward to a peaceful retirement in an idyllic country town in south-west Victoria. They purchased land in 2021 and, after securing all the relevant permits, installed a driveway and moved a relocatable house onto the 2-hectare block with connecting power, water and a septic system. But three years later, the couple got the shock of their lives when they learnt they had built their forever home on land they did not own. It turns out, they actually owned the property next door. The Moors mistakenly put a house and a shipping container on a block they didn't own. Photo: ABC South West Victoria: Olivia Sanders The couple said the council was aware of their construction on the site and should have picked up on it sooner. Now, the owner of the block of land where the Moors set up their home has given the couple 14 days to remove the house and return the land to its original state. That 14-day period ends today. The couple first viewed the property in a big subdivision on the outskirts of Camperdown in 2021. "We came down and had a look at it, and we fell in love with it because of the views," Ms Moor said. "We decided then and there: 'Yeah, that's for us.'" They bought it off the plan and put down a $5,000 deposit, but that was where the retirement dream began to unravel. The Moors say they like the rural views from the subdivision. Photo: ABC South West Victoria: Olivia Sanders Ms Moor said the couple believed they had the right block after the real estate agent took them for an inspection before purchase. The couple said the address numbers on the fence posts also led them to believe it was their block. A spokesperson for the agent told the ABC an internal investigation found the agent had not made any false or misleading claims and that it was the Moors' responsibility to confirm which block of land they owned before starting works. They noted that, given the agent "showed them the property in August 2021 - when it was still part of a larger 8-hectare paddock, had not yet been subdivided, and well before the contract of sale was signed in April 2022 - it is conceivable that some confusion arose on [the Moors'] part during that period," the spokesperson said. Melanie Moor says rates bills including her address had been sent to the wrong block. Photo: ABC South West Victoria: Olivia Sanders In 2023, prior to settlement, and with approval of the former owner of the block they did own, the Moors had a driveway installed on the block they thought was theirs. The builder who moved the house, and other tradespeople, used the driveway as a reference point to identify the correct lot. The ABC has viewed the builder's relocation job document, which only lists the road name, not the lot number. The Moors have not been able to move into the house because it is not on their land. Photo: ABC South West Victoria: Olivia Sanders The Corangamite Shire Council approved the Moors' building permit in April 2024. However, the permit documents include an aerial photo illustrating that soil samples were taken from the wrong block. The Moors believe the council should have picked up on that error when reviewing the permit documents. Council reports show that council staff attended the site to inspect the stump holes dug for the house relocation three times in one month. In August 2024, while putting final touches on their new home, Mr Moor received a call from the council informing him to stop work immediately and seek legal advice, after council staff realised construction was happening on the wrong block. "We thought it was a scam," Ms Moor said. Corangamite Shire Council declined to comment on the case as it is related to an ongoing legal matter. The two blocks are right beside each other. Photo: ABC South West Victoria: Olivia Sanders A messy legal battle has ensued. The owner of the block that the Moors mistakenly built their house on lives interstate and bought the block of land from their uncle before he died. The owner was unaware of the construction activity on the land until after the house had been relocated. The Moors proposed a land swap, but in a statement the block owner's lawyers said the blocks were not like-for-like. "The two blocks are not the same - the views are different, and there is an easement registered on the block owned by Mr and Mrs Moor. "There would likely be tax consequences of the proposed land swap," the statement read. In a legal letter seen by the ABC, dated July 22, the block owner issued the Moors a 14-day notice period to remove the house and remediate the land, or the house may be sold. "It was a great shock to [the owner] … to be notified by telephone that someone else had moved their house onto [their] land," the lawyers said in the statement. "[They have] been very patient and have attempted to work with Mr and Mrs Moor over a considerable period of time now, but it appears that the matter is now at an impasse without the assistance of lawyers," the lawyers said. The Moors have sought an extension to the 14-day period through their lawyers, and have since moved the shipping container off the property. Previously, the Moors said they could not afford to move the house to their block and the contractor who originally moved the home also advised the house may not survive another relocation. "We've spent over $500,000 on this," Ms Moor said. "It's our life savings, we've got nothing left." Mr Moor said the house would have to be demolished if it came to that because it was the only option the couple could afford. "It's going to cost more money to just keep going. I don't see there's going to be a winner," he said. - ABC
ABC News
04-08-2025
- General
- ABC News
Victorian couple risk losing Camperdown home after building on wrong block
Melanie and David Moor were looking forward to a peaceful retirement in an idyllic country town in south-west Victoria. They purchased land in 2021 and, after securing all the relevant permits, installed a driveway and moved a relocatable house onto the 2-hectare block with connecting power, water and a septic system. But three years later, the couple got the shock of their lives when they learnt they had built their forever home on land they did not own. It turns out, they actually owned the property next door. The couple said the council was aware of their construction on the site and should have picked up on it sooner. Now, the owner of the block of land where the Moors set up their home has given the couple 14 days to remove the house and return the land to its original state. That 14-day period ends today. The couple first viewed the property in a big subdivision on the outskirts of Camperdown in 2021. "We came down and had a look at it, and we fell in love with it because of the views," Ms Moor said. "We decided then and there: 'Yeah, that's for us.'" They bought it off the plan and put down a $5,000 deposit, but that was where the retirement dream began to unravel. Ms Moor said the couple believed they had the right block after the real estate agent took them for an inspection before purchase. The couple said the address numbers on the fence posts also led them to believe it was their block. A spokesperson for the agent told the ABC an internal investigation found the agent had not made any false or misleading claims and that it was the Moors' responsibility to confirm which block of land they owned before starting works. They noted that, given the agent "showed them the property in August 2021 — when it was still part of a larger 8-hectare paddock, had not yet been subdivided, and well before the contract of sale was signed in April 2022 — it is conceivable that some confusion arose on [the Moors'] part during that period," the spokesperson said. In 2023, prior to settlement, and with approval of the former owner of the block they did own, the Moors had a driveway installed on the block they thought was theirs. The builder who moved the house, and other tradespeople, used the driveway as a reference point to identify the correct lot. The ABC has viewed the builder's relocation job document, which only lists the road name, not the lot number. The Corangamite Shire Council approved the Moors' building permit in April 2024. However, the permit documents include an aerial photo illustrating that soil samples were taken from the wrong block. The Moors believe the council should have picked up on that error when reviewing the permit documents. Council reports show that council staff attended the site to inspect the stump holes dug for the house relocation three times in one month. In August 2024, while putting final touches on their new home, Mr Moor received a call from the council informing him to stop work immediately and seek legal advice, after council staff realised construction was happening on the wrong block. "We thought it was a scam," Ms Moor said. Corangamite Shire Council declined to comment on the case as it is related to an ongoing legal matter. A messy legal battle has ensued. The owner of the block that the Moors mistakenly built their house on lives interstate and bought the block of land from their uncle before he died. The owner was unaware of the construction activity on the land until after the house had been relocated. The Moors proposed a land swap, but in a statement the block owner's lawyers said the blocks were not like-for-like. "The two blocks are not the same — the views are different, and there is an easement registered on the block owned by Mr and Mrs Moor. "There would likely be tax consequences of the proposed land swap," the statement read. In a legal letter seen by the ABC, dated July 22, the block owner issued the Moors a 14-day notice period to remove the house and remediate the land or the house may be sold. "It was a great shock to [the owner] … to be notified by telephone that someone else had moved their house onto [their] land," the lawyers said in the statement. "[They have] been very patient and have attempted to work with Mr and Mrs Moor over a considerable period of time now, but it appears that the matter is now at an impasse without the assistance of lawyers," the lawyers said. The Moors have sought an extension to the 14-day period through their lawyers, and have since moved the shipping container off the property. Previously, the Moors said they could not afford to move the house to their block and the contractor who originally moved the home also advised the house may not survive another relocation. "We've spent over $500,000 on this," Ms Moor said. Mr Moor said the house would have to be demolished if it came to that because it was the only option the couple could afford. "It's going to cost more money to just keep going. I don't see there's going to be a winner," he said.
