Browse Forums General Discussion 1 Mar 21, 2010 1:27 pm Hi All Hoping you can provide some advice here, We purchased a property which is 1250msq, on the plans etc it shows a straight line. I have noticed on the side the fence comes in on an angle for about 25m x 1.5m in length and the angles back out. I beleive the neighbours are getting a bit extra land. In all honesty I am not fussed as it not really usable and the retaining wall in there. Our house was built after the neighbours so assume they have the extra, however i could well be us dont think so. What are the rules around this, obviously if were to sell then if the new owners got the land surveyed they would discover this and the land would then be around 1210msq. Any thoughts would be appreciated. House is in Qld Cheers Re: Land Encroachment 2Mar 21, 2010 3:51 pm I believe if its on the plan it still belongs to you. Fences dont last forever, when that one dies get it reerected in the right spot. But saying that, there was an issue in SA recently that went to court and the person who was disadvantaged actually lost the land. I think this was because they were the ones that got the fence erected in that spot. If this person reclaimed this land, the neighour would not be able to drive their car past into the garage. I think it was almost a 1 meter in dispute. Lesson is dont go to court, just move it yourself, that is if it bothers you. Re: Land Encroachment 3Mar 21, 2010 5:47 pm Thanks BWK, It does and doesnt bother me if you know what I mean. Im not overly fussed as I dont think I would use the land. Its more the case in regards to the future and selling the house and protecting my families interests. I think it could be sort amicably by speaking the neighbour and getting his take on it. If he is ok I think I will request a document outling that the land is mine and he can use it until I advise differently. I dont want to have him or people he sells to claiming it is theirs or going for an adverse finding in 15 years time. I am just more interested in my rights than making a big deal of it. Saying that, if they are unapproachable etc I will then take whatever course of action available to me. Based on the block average in the area it amounts to 10k. Any ideas on the retaining wall side of things, he is on the lower side so should the wall be erected back from the boundary or inside my boundary. He has been there 8 years and this house only 3 years. Cheers Hi, This is my first post. We are planning to buy new home via House and Land (H&L) Package around Boxhill/Gables/Marsden Park in Syndey. Googled reviews for most of… 0 10480 Very good points. Thanks so much ponzutwo for your advice. Appreciate it. 2 10373 That's very helpful, thank you. I was mostly interested in knowing if a spoon drain requires a specific slope, but I appreciate the extra information. 4 3919 |