'You can't get through to them': Neighbours' swimming pool feud cost one pensioner $137K

When we think of neighbourly disputes, we imagine a tiff over a fence height or perhaps the occasional disagreement about noise levels.

Yet for one pensioner, a disagreement with his neighbours over a swimming pool has escalated into a full-blown legal battle, costing thousands of dollars in the process.


Retired surveyor and property developer David Holland found himself in a long feud that was more fitting for a dramatic courtroom thriller than a quiet residential area.

The root of the problem was a swimming pool Holland claimed to be too close to his home.

This pool, in turn, impacted the 76-year-old's property and was believed to be non-compliant with local regulations.

The previous owners of the neighbouring property built the pool in question, but it did not stop Holland from pushing for changes.


compressed-pexels-pool.jpeg
A neighbour's pool has been causing stress towards 76-year-old homeowner David Holland, hence his disputes. Image Credit: Pexels/Pixabay


His professional background gave him insights into property compliance, and he's adamant that the pool and its developments do not meet the necessary standards.

According to Holland, the pool's fences encroached on his property.

A pool leak also caused damage to his carport.

Due to the long-standing feud, Holland's legal fees have racked up to NZ$150,000 (A$137,000)—a sum that could have been used for countless other purposes.


'As soon as somebody like me challenges them, they just shut down, and you can't get through to them,' Mr Holland shared.

'They know my age. They're waiting for me to die. This is what they do; they hope you die or run out of money and capitulate.'

Yet Holland is not the only one feeling the financial strain.

The Tauranga City Council also reportedly spent around half a million dollars of ratepayers' money in the dispute.

The council defended its actions and claimed to have acted 'fair, reasonable and entirely ethical' throughout the process.

'These proceedings have resulted in significant costs. However, we must respond when complaints are raised and when we are included in legal proceedings,' Steve Pearce, the council's Building Services Manager, stated.


On the other side of the fence, swimming pool owners Phil and Stella Huse are baffled by the situation.

They believe they had all the appropriate paperwork for the structures and see Holland's complaints as shallow.

Yet, the costs continue to mount for both parties, and neither neighbour is willing to back down.

Holland's concerns were more than just property compliance.

He also feared that if the pool were to 'implode', it could destroy his retaining wall and send his carport crashing down.

'They could either just fill the whole thing in and then dig it out and put another pool in, or otherwise. They can move it about a metre and a half, put a new fence in and back-fill it,' Mr Holland suggested.


Mr Holland's predicament is a stark reminder of how neighbourly disputes can spiral out of control.

These disputes could also lead to financial and emotional turmoil.

It's a cautionary tale for all of us to try and resolve issues amicably and early on before they reach the courts and the bank accounts start to bleed.

If ever in doubt about property boundaries or local regulations, it's always best to seek professional advice before things get out of hand.

It could save you a lot of time, stress, and money in the long run.
Key Takeaways

  • A pensioner named David Holland spent around NZ$150,000 (A$137,000) on a legal dispute with his neighbours over their swimming pool in Papamoa, New Zealand.
  • Holland, who was a retired surveyor and property developer, asserted that the pool was non-compliant with regulations and had been leaking, causing damage to his property.
  • Tauranga City Council also incurred significant costs in this ongoing dispute, which Holland believed the council could have resolved earlier.
  • Despite the heavy financial and emotional toll, both parties remain firm in their stance and are not willing to back down.
Have you found yourself in a neighbourly dispute lately? How did you handle it, and what advice would you give to those currently involved in one? Share your stories and tips in the comments below.
 
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Either their pool fence is on his property, or it isn't. Easy to prove. And if the pool is damaging his carport, they should pay for repairs. But I don't understand why he's complaining now, when these neighbours didn't even put the pool in.
 
He sounds like he's being a bit silly to me.
These neighbours didn't put the
pool in, why is he only complaining now.
Talk about hypertheticals, "the pool might implode, knock the retaining wall down and wash his carport away". You can't get compensated for something that hasn't actually happened.
Maybe he should have used the money he's wasted on a court case which he doesn't appear to be winning, and paid for the perceived problem himself since he seems to be the only one with a problem with it.
Silly man, what a waste of money.
 
Possibly the gentleman in question needs something to fill his time, give him something to focus on. People who are lonely become like a dog with a bone, they just find one point and keep pushing.
It has been through all the correct channels and each time receiving the same answer. Might be cheaper to buy him a copy of the volume War and Peace. It's a large volume that should occupy his time adequately. I wonder if he's a widower or single?
 
Possibly the gentleman in question needs something to fill his time, give him something to focus on. People who are lonely become like a dog with a bone, they just find one point and keep pushing.
It has been through all the correct channels and each time receiving the same answer. Might be cheaper to buy him a copy of the volume War and Peace. It's a large volume that should occupy his time adequately. I wonder if he's a widower or single?
Couldn’t agree more. He must have money to waste. Seems to me it is the only bright spot in his life. Think how much good that could have done for people in need.
 
Vile and disgusting neighbours forced us out of our home over a fence dispute. Because they didn't get away with a demand to pay an exorbitant amount for an unnecessary fence that we were never consulted about (they did sue, but lost the court case!) they started a vendetta - letting tyres down, killing car batteries, stealing clothes off the line, shooting a rifle over our heads when we went to the mailbox, driving at us when we walked along the roadside, paying kids to run around our house at night screaming and throwing things.... even pulling a fence down the night before our first open home. So glad to be away from there. We sold and moved to where we have very good neighbours. What kind of people behave that way? It's not hard to show your neighbour basic respect and courtesy.
 
Vile and disgusting neighbours forced us out of our home over a fence dispute. Because they didn't get away with a demand to pay an exorbitant amount for an unnecessary fence that we were never consulted about (they did sue, but lost the court case!) they started a vendetta - letting tyres down, killing car batteries, stealing clothes off the line, shooting a rifle over our heads when we went to the mailbox, driving at us when we walked along the roadside, paying kids to run around our house at night screaming and throwing things.... even pulling a fence down the night before our first open home. So glad to be away from there. We sold and moved to where we have very good neighbours. What kind of people behave that way? It's not hard to show your neighbour basic respect and courtesy.
To decent people it isn’t hard so sorry you didn’t get decent people. Better away from them.might have left a heads up for people coming in.
 
Vile and disgusting neighbours forced us out of our home over a fence dispute. Because they didn't get away with a demand to pay an exorbitant amount for an unnecessary fence that we were never consulted about (they did sue, but lost the court case!) they started a vendetta - letting tyres down, killing car batteries, stealing clothes off the line, shooting a rifle over our heads when we went to the mailbox, driving at us when we walked along the roadside, paying kids to run around our house at night screaming and throwing things.... even pulling a fence down the night before our first open home. So glad to be away from there. We sold and moved to where we have very good neighbours. What kind of people behave that way? It's not hard to show your neighbour basic respect and courtesy.
Some people are just born M
morons.
So sorry you had to put up with all that.
I would have thought that everybody knew that you needed to consult with your neighbour before replacing a fence.
We did a new fence at our place when we moved in. We spoke to the neighbours but didn't request them to pay half as we required the fence to keep my two little dogs in. Our problem, not theirs.
 
Some people are just born M
morons.
So sorry you had to put up with all that.
I would have thought that everybody knew that you needed to consult with your neighbour before replacing a fence.
We did a new fence at our place when we moved in. We spoke to the neighbours but didn't request them to pay half as we required the fence to keep my two little dogs in. Our problem, not theirs.
Should be more like you
 
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Couldn’t agree more. He must have money to waste. Seems to me it is the only bright spot in his life. Think how much good that could have done for people in need.
And wasting the other persons money too.He would know by looking at his Deeds if these neighbours had encroached his property .Pity he has nothing better to do with his time
 
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If the fence is on Hollands property then the council are at fault for not checking when the pool was originally built there by allowing the owner to put the pool fence on Hollands land
 
Tauranga, North Island, NZ.
One of the most earthquake-and-landslip-prone parts of that whole country.
Probability is better than 50% that the whole edifice will crash down to the sea before any lawsuit process is ever resolved.....

We wait.
 
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