Mar 12, 2012 9:04 am
We moved into our house recently and all that is left to do outside is the landscaping. Next to the driveway, we need to put in a row of plants approx 400mm wide and up the length of the driveway, in line with the fence line (fence is already in). This is compulsory as per our landscape plan and we've paid bonds to the council and the developer to have the garden built identical to that on the plan.
The surveyors came to the block next door on Friday and pegged it out. There is a peg 100mm from our driveway. husband spoke to the guys on site today who confirmed that is the boundary line and by law we can't touch that peg. I'm wondering if the owner builder on the other side built too far across and the surveyor has just gone from that fenceline so we lose out a bit.
is it correct that we can't touch the peg, even if we think it is in the wrong spot? Are surveyors ever wrong/lazy and don't peg out the correct boundaries? If we were to complete our garden edging now based on our landscape plan, does the builder next door have the right to rip it all out? I'm not concerned about the 300mm we've potentially lost but want to know our rights/obligations, particularly if they throw up a construction fence right on the boundary line and we can no longer open our car doors wide enough to strap the kids into their car seats.
Land at Chermside
At tender stage
Re: Next door's survey peg on our land2
Mar 12, 2012 9:25 am
Certainly here in SA its against the law (Survey Act) to interfere with a boundary peg, except of course if a fence is being put up or your working under direction of a surveyor. NSW law seems to be much the same, sec 24 of the Surveying and Spatial Information Act indicates you cant touch it...
If you landscape and it is on their property then they can rip it up. Id be ensuring that if the land is rightfully yours that you get it otherwise down the track you could permanently loose access to it through adverse possession...
Seems like you have to get a survey done to create a conflict, at which point if they neighbours arent playing ball you can go to the Registrar General..
http://www.lawlink.nsw.gov.au/lawlink/L ... aries_faqs
Re: Next door's survey peg on our land3
Mar 12, 2012 1:42 pm
The boundary pegs are done nowadays via GPS coordinates, so it's unlikely that they are going off anything else like the existing fence line on the other side (the can't rob Peter to pay Paul when it comes to measuring out allotments, so to speak) - if the fence line on the other side is in error then it will have to be moved.
Look up the plans for the original sub-division yourself (should be in your land contract and/or site plans in your build contract) and work out the positions yourself if you can.
Many smart phones have GPS functionality built-in nowadays, but I can't vouch for how precise any readings you get may be (another thing you can do is measure out from the peg on the other side of your block along that boundary to the peg they have put in).
You need to move quickly on this before they start any site works if you think the peg is in the wrong spot - work out whether it is or not and if you suspect that it is then get a survey of your own done.
Some people apparently have nothing better to do than comment on other people's sigs.
Re: Next door's survey peg on our land5
Mar 12, 2012 2:52 pm
First thing to do would be to measure your own block to be absolutely certain. Are you sure your own property boundary isn't our of place on the other side?
Building a Delta 21 at Craigieburn - http://homeofzero.blogspot.com.au/
Deposit: 26/02. Contract: 22/05. Settlement: 29/05. Site start: 18/10.
Re: Next door's survey peg on our land7
Mar 13, 2012 7:13 am
300mm is a lot! I would get it surveyed. If the peg does turn out to be correct, I'm sure the council and developer will understand and let you change the landscaping plans.
Who built the fence, and who arranged for the fence to be built? Because both of them should have confirmed the property boundaries.
Metricon Riva 33 - http://herlihy-riva.blogspot.com
Site start 15/03/2010 - Handover 23/12/2010
9 months and 8 days (284 calendar days) from site start to handover
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