Browse Forums General Discussion Re: Neighbour's fence inside our block 3Mar 05, 2022 1:51 pm Accessible Carpentry & Cabinets accessiblecarpentry@gmail.com accessiblecarpentry.com.au https://www.facebook.com/pages/Accessible-Carpentry-Cabinets/583314911709039 Re: Neighbour's fence inside our block 5Mar 05, 2022 7:30 pm Accessible Carpentry & Cabinets accessiblecarpentry@gmail.com accessiblecarpentry.com.au https://www.facebook.com/pages/Accessible-Carpentry-Cabinets/583314911709039 Re: Neighbour's fence inside our block 6Mar 05, 2022 8:02 pm Thanks mate, developer had put pegs as well. But, the peg is (mysteriously) missing from the side the survey shows fence inside the boundary. I am planning to build and hence have reached out to the builders and one of them pointed out the issue. He suggested to sort it out first as any delay in build once the contract is signed will increase the costs further. So, here I am trying to work it out. Should I get the independent boundary survey? Is that another name for cadastral survey? Would that show how much the fence is inside? Re: Neighbour's fence inside our block 7Mar 05, 2022 8:33 pm Cadastral survey is the same thing. It basically establishes the boundary lot. The builder has to do this before they build to ensure your house is built in the correct location and the cost is normally included in the building costs. The boundary fence line isn't going to hold up your building unless you are building to the boundary and there is an issue with the neighbours house being on your lot. If you want to be sure pay to get the boundary pegged and it will tell you exactly where the fence line is out. Accessible Carpentry & Cabinets accessiblecarpentry@gmail.com accessiblecarpentry.com.au https://www.facebook.com/pages/Accessible-Carpentry-Cabinets/583314911709039 Re: Neighbour's fence inside our block 8Mar 05, 2022 8:52 pm Thanks again! My stress levels have eased a bit! We plan to build to the boundary as it’s a small lot. So, the next step once the cadastral survey shows the fence out will be to talk to the neighbour. What if the neighbour doesn’t cooperate? Will council/other government agency help or we will have to go legal? Re: Neighbour's fence inside our block 9Mar 05, 2022 9:23 pm They can't not co-operate. The surveyed boundary is the surveyed boundary. If The fence is out (and not by just a few inches) then it can be replaced and both neighbours will need to share the costs. It's just how it is. Accessible Carpentry & Cabinets accessiblecarpentry@gmail.com accessiblecarpentry.com.au https://www.facebook.com/pages/Accessible-Carpentry-Cabinets/583314911709039 Re: Neighbour's fence inside our block 10Mar 05, 2022 9:38 pm chippy They can't not co-operate. The surveyed boundary is the surveyed boundary. If The fence is out (and not by just a few inches) then it can be replaced and both neighbours will need to share the costs. It's just how it is. That entirely depends on how long the fence has been there and a bunch of other factors. If its been there long enough theres potential adverse posession claims. In which case the owner with the extra piece of land on thier side of the fence can claim ownership, which would mean the fence stays and OP loses their rights to that land. Entirely posisble as OP mentioned it wasn't a new development but existing lots. Re: Neighbour's fence inside our block 12Mar 06, 2022 2:55 pm aussieta op said it was 2 lots that were once one parcel and have now been seperated so no adverse claim here He also didn't say it was the fence between those blocks, could be a fence the developer put up between the blocks he sold, or a rear fence or side fence against a different neighbours block. Re: Neighbour's fence inside our block 13Mar 06, 2022 4:56 pm Spazzen aussieta op said it was 2 lots that were once one parcel and have now been seperated so no adverse claim here He also didn't say it was the fence between those blocks, could be a fence the developer put up between the blocks he sold, or a rear fence or side fence against a different neighbours block. There were 2 lots but one old house on those. The fence was between the old house and the neighbour. The old house was removed and 2 lots sold to different buyers. The fence hasn’t been moved. It has been like that for years and still is. Developer didn’t move it or put a new fence. Hope that clarifies. How can one claim others land even though it would have been like that for years with previous owner? There is no easement/agreement regarding that. Could you please further clarify the adverse claims comment? Re: Neighbour's fence inside our block 14Mar 06, 2022 7:30 pm Adverse possession is a thing. Basically if someone has enclosed an area and has actively been using the area for a period of 15 years (may vary in different states) they can legally make a claim on the land. However, it is a costly endeavour and realistically your typical neighbour isn't going to pursue it. The fact that you have just caused a change of ownership for the land already makes it difficult for anyone to attempt an adverse possession of the land. Just pay and get a survey done, to establish if in fact the fence is out. If it is out by a large amount, approach your neighbour and say that you want to put in a new fence on the boundary but don't tell them that the boundary is out. Ask them to pay for half the new fence which they a required to pay. If they don't want to pay the simplest thing to do is tell them that you will pay for the whole lot. They will feel like they have got a win and then reestablish the fence on the correct line. Once the old fence is down and the new fence is up on the surveyed boundary there is nothing they can do with regards a possible adverse possession claim, not that I'd expect they would. Accessible Carpentry & Cabinets accessiblecarpentry@gmail.com accessiblecarpentry.com.au https://www.facebook.com/pages/Accessible-Carpentry-Cabinets/583314911709039 Re: Neighbour's fence inside our block 15Mar 06, 2022 8:08 pm chippy Adverse possession is a thing. Basically if someone has enclosed an area and has actively been using the area for a period of 15 years (may vary in different states) they can legally make a claim on the land. However, it is a costly endeavour and realistically your typical neighbour isn't going to pursue it. The fact that you have just caused a change of ownership for the land already makes it difficult for anyone to attempt an adverse possession of the land. Just pay and get a survey done, to establish if in fact the fence is out. If it is out by a large amount, approach your neighbour and say that you want to put in a new fence on the boundary but don't tell them that the boundary is out. Ask them to pay for half the new fence which they a required to pay. If they don't want to pay the simplest thing to do is tell them that you will pay for the whole lot. They will feel like they have got a win and then reestablish the fence on the correct line. Once the old fence is down and the new fence is up on the surveyed boundary there is nothing they can do with regards a possible adverse possession claim, not that I'd expect they would. Thanks for the clarification! Much appreciated Rule of thumb the sides and rear fences are required for privacy and exclusive use of the back yard. There is a mutual benefit to BOTH neighbours so it is a shared… 1 6207 That could be a piece of timber that was mistakenly attached to the formwork. Any reduction in concrete section is a concern. 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