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  • Avatar of newby investornewby investor
    Member
    @newby-investor
    Post count: 4

    Hi Everyone,
    I’m just after some advice on where to go from here. I’ve just paid for a survey of my investment property as I’m planning some renovations and found that my side neighbours fence is about 3 meters over onto my side of the property for the entire 30m length of the block from where the boundary should be and they’ve in fact built a garden shed on what is effectively my property. I’m firstly going to discuss it with them and inform them that I want the land back as i need it but I’m guessing it’s not going to be something they want to hear. I’m just wondering what are my legal rights here and who do I need to see or get involved to get this corrected?
    Thanks for your time in advance!

    Avatar of TerrywTerryw
    Participant
    @Terryw
    Post count: 14,521

    First thing to do is approach the neighbour and tell him that you think his building is encroaching on your land. Let him respond and see what he says. He may want to get his own surveryor in and/or you can you him your survery.

    3 m is a lot of land! Ask him to move his shed etc from your land. See what he says

    You may want to look at

    ENCROACHMENT OF BUILDINGS ACT 1922

    http://corrigan.austlii.edu.au/au/legis/nsw/consol_act/eoba1922235/

     

    but this may not apply for garden sheds. You may then have to take legal action to get him to move. You may have to share the costs of moving a fence. Best to do as much as you can without lawyers and then use them as a last resort.

     

    Maybe also check out council plans for his structure, if there are any

    Terryw | The Loan Experts Pty Ltd | FinLaw Pty Ltd
    http://www.terryw.com.au
    Email Me

    Law, Loans and Tax

    Avatar of jmsracheljmsrachel
    Participant
    @jmsrachel
    Post count: 709

    I agree with Terry. 3 meters is a lot of land. I wouldn't be suprised if your neighbour knows and just never said anything.

    Avatar of newby investornewby investor
    Member
    @newby-investor
    Post count: 4

    Yes I agree jmsrachel they probably do already know.

    Thanks alot for the advice Terryw.

    Regards.

    Avatar of scha9799scha9799
    Participant
    @scha9799
    Post count: 203

    totally agree, totally neighbour may know already.

    give them some option.

    1) move back to where the boundary is
    2) give them a price ask them to pay for the 3m land  ( ie. buy that extra land they occupant from you )
    3) share the shed that they build on your land ( you build the shed, I provide the land, everyone happy)

    I think if you give them choice they would probably cooperate with you more smoothly.  ( neighbour is a good asset to watch out IP sometimes)

    I hope this is helpful.

    please let us know how you solve this later.

    scha9799 | I buy Houses | Call Taylor 0414 69 1517

    Avatar of TerrywTerryw
    Participant
    @Terryw
    Post count: 14,521

    Look into adverse possession too. He may be able to make a claim for that part of the land if in continuous occupation for 12 years or so.

    Terryw | The Loan Experts Pty Ltd | FinLaw Pty Ltd
    http://www.terryw.com.au
    Email Me

    Law, Loans and Tax

    Avatar of Rob G.Rob G.
    Participant
    @Rob-G.
    Post count: 70
    Terryw wrote:
    Look into adverse possession too. He may be able to make a claim for that part of the land if in continuous occupation for 12 years or so.

    Agree with Terry.

    The first thing I do is get a copy of certificate of title with boundaries, easements etc. plus street block subdivision from council & utility companies if necessary (even google maps to verify).

    Then I get a large tape measure and measure actual dimensions right up to street coners to make sure everything is more than just the right "size", but also in the right place.

    If it has been a long time since you acquired, you may not even have a claim against your conveyancer because you failed to look after your own interests.

    The whole approach to property law is that it only protects landholders who stand up for their own rights.

    Cheers,

    Rob

    Avatar of newby investornewby investor
    Member
    @newby-investor
    Post count: 4

    Thanks very much for the advice guys much appreciated.

    I think I'll let him keep his shed as its up in the back corner and in an area that I don't particularly need and next to it on MY side of the fence is where the pool equipment is going to go so won't be used a great deal. Hopefully this will get me get him on side a bit and we can discuss pushing the rest of the fence back to its rightful position. I don't really want to make an enemy out of him as I'm planning to move my family into this renovated place in a few years. The fence has to go anyway as its the old asbestos panel style fence and looks disgusting so when we put the new one up hopefully it will be 3m back to his side, 

    If this fails I will put a free 2 night stay on the gold coast (we live sunshine coast ) voucher in his letter box for a particular weekend and when he and his wife return from a lovely weekend he will find that his property has shrunk by 3 meters but there will be a beautiful new fence for him to look at.  

    Keep u updated!!

    Regards,
    Chris  

    Avatar of DubstepDubstep
    Participant
    @Dubstep
    Post count: 395

    May as well go all out and move it back 6mts, see how they like it.

    Avatar of jlb2431jlb2431
    Member
    @jlb2431
    Post count: 25
    Rob G. wrote:
    Terryw wrote:
    Look into adverse possession too. He may be able to make a claim for that part of the land if in continuous occupation for 12 years or so.

    Agree with Terry.

    The first thing I do is get a copy of certificate of title with boundaries, easements etc. plus street block subdivision from council & utility companies if necessary (even google maps to verify).

    Then I get a large tape measure and measure actual dimensions right up to street coners to make sure everything is more than just the right "size", but also in the right place.

    Don't worry about any of this if you have had an Indent Survey. You paid alot of money for the surveyor to it and if the survey was done by a registered surveyor, signed with a report than thats the evidence of the encroachment,

    All you need to do now is listen to Terrys advice.

    Good luck mate

    Avatar of WomeninPropMelbWomeninPropMelb
    Member
    @WomeninPropMelb
    Post count: 234

    Hi Newby,
    You may have rights but how they play out in the court of law is sometimes very different. Look into adverse possession because they do have a claim if they have had continuous possession for a number of years. We bought a property and the boundary was not where the fence was. We ended up giving the neighbour the land because it was cheaper. Be as nice as pie as you can- otherwise it can cost you a lot of money, heartache and grief being caught up in legal battles. They are just so not worth it.

    Avatar of Andrew_AAndrew_A
    Participant
    @Andrew_A
    Post count: 392

    Yes good advice about doing as much as possible on friendly terms, that’s useful advice for pretty much everything involving property negotiations, don’t burn bridges unless you absolutely have to.

    Avatar of thecrestthecrest
    Participant
    @thecrest
    Post count: 937

    Suggestions.
    First, research all your rights so you know exactly where you stand before deciding on your course of action or before talking to your neighbour.
    Chamber magistrate or your solicitor should know.
    Better in the long run to place the new or old fence onto the boundary.
    He can donate the shed to you or remove it back onto his own land, he needs to keep in your good books too.
    Insisting on ownership and possession of your land can be done with a friendly smile.

    Cheers
    thecrest

    thecrest | Tony Neale - Statewide Motel Brokers
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    selling motels in NSW

    Avatar of newby investornewby investor
    Member
    @newby-investor
    Post count: 4

    Thanks everyone for the advice!!

    I'm over in the UK at the moment so will have to wait until I return in October to sort it all out. 

    Cheers,
    Chris
     

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