Monday 20 June 2022 08:31 AM Oatley man's two-year long legal battle over neighbour's pool fence as ... trends now
A Sydney man has revealed how his neighbour's plans to build a pool deck resulted in a two-year battle that saw him spend $100,000 on legal fees.
David Boettiger took action after his next-door neighbour Wassim Rahman commenced plans for a complete knockdown and rebuild at his property in Oatley, in Sydney's south.
Mr Boettiger woke one morning in August 2020 to the sounds of construction, claiming he was never consulted with Mr Rahman's plans to rebuild.
The father was forced to seek out the plans himself and was horrified to find that a pool deck, level with his 1.8m fence was included in the construction.
Mr Boettiger claimed 'semi-naked' swimmers lounging on the pool deck would be easily visible from his back deck or his kitchen window.
'They could do a bomb in the pool while we're hanging out our washing,' he told news.com.au, adding the deck also made his back garden easily accessible.
Builders Saf Developments denied neighbours weren't notified of the plans and said a private certifier had informed surrounding homes on July 9, weeks before the build started.
The frustrated neighbour ultimately decided to launch legal proceedings in April 2020, despite being told the best case scenario was a loss of $20,000.
David Boettiger (pictured) was forced to take legal action after his neighbour Wassim Rahman began a knockdown and rebuild beside his home in Oatley in Sydney's south
Mr Boettiger woke one morning in August, 2020 to the sounds of construction, claiming he was never consulted with Mr Rahman's plans to rebuild (pictured, his wife stands at their fence)
Mr Boettiger said if it wasn't for the pool deck he wouldn't have taken legal action.
'If it wasn't for that, we probably wouldn't have taken it to court because the lawyers did say you're looking at a cost of 60 or 70 grand and you might get 70 back if you win,' he explained.
Through mediation in the Land and Environment Court, the deck was reduced to one metre, with vegetation to be planted along the fence for better privacy.
Mr Boettiger also received $20,000 towards his legal fees.
The Oatley father was forced to seek out the plans himself and was horrified to find that a pool deck, level with his 1.8m fence, was included in the construction (pictured, the pool and deck)
Builders Saf Developments have denied neighbours weren't notified of the plans and said a private certifier had informed surrounding homes on July 9 (pictured, the fence and deck)
Even though he had technically won the case, Mr Boettiger said the win was bittersweet because he had spent the past two years in 'complete anxiety'.
He has since moved from Oatley, where his wife's family had been settled for the last four decades.
For Mr Boettiger, his old home is a reminder of the build that saw him battle anxiety and depression
