Browse Forums Building A New House Re: NEIGHBOUR BUILT ON MY LAND!! HELP 21Mar 12, 2009 10:09 am There is no 'take', the law provides for a margin of error in determining boundaries. For that margin the wall is considered to 'practically agree' with the Title position, and not encroach.
I would firstly ask them, the neighbours to confirm that their building is wholly within their Title. Re: NEIGHBOUR BUILT ON MY LAND!! HELP 22Mar 12, 2009 10:31 am Well, by law they didnt take it.. But when i bought it it was 16m wide because i have LEGAL documents to prove it.. now its not.. So if i dont have that tiny bit of extra land then who does??
My plans and survey both state their garage and fence are both on my property.. ICK.. Thats a great idea.. Legally you can take your neighbours land and they cant say a thing about it.. I bet no one ever thought of this.. FREE LAND But i do agree with principessa.. No point about complaining about it.. But its good this forum lets us share info so we all know what our rights are etc. Re: NEIGHBOUR BUILT ON MY LAND!! HELP 23Mar 12, 2009 10:34 am Take 45mm (its a 100mm total width, not 100mm each side) on all 3 sides and you can get a bit of free land...
Say a 16x30m block, thats 3.42m2 extra room... Re: NEIGHBOUR BUILT ON MY LAND!! HELP 24Mar 12, 2009 10:54 am Hellman109 Take 45mm (its a 100mm total width, not 100mm each side) on all 3 sides and you can get a bit of free land... Say a 16x30m block, thats 3.42m2 extra room... I'm going to move on, and stop reading /posting !!!! but. The margin for error under the Property Law Act provides for 50mm over a boundary upto 40.30m length. Your scenario above could definately be legally challenged as it would now be 0.1m in error over 15m width (frontage). These laws all rely on the 'bone fide' principle, if it was seen/proven to be an intentional action (i.e. an instruction to fencer or builder) then you would be in deep poo. And to stressed85, you purchased a Title which remains (by Title dimensions on that bit of paper) unchanged despite a 'possible' encroachment. You need to persume the neighbors innocent until proven guilty. Their surveyor may well have deterimined the boundary to be in a slightly different location. The definition of Cadastral boundaries is not an exact science, regardless of how accurately things are quoted. Ever noticed that dimensions of residential land are only ever shown to centimetre accuracy, rural blocks sometimes only ever shown to 1m accuracy. There is rounding that you are intentionally not shown on your bit of paper. Say 5mm each way, and the 20mm is now 10mm. Re: NEIGHBOUR BUILT ON MY LAND!! HELP 25Mar 12, 2009 12:16 pm if it worrys you get some legal advice finished building 40 square home on 5 acres with perry homes.working on the landscaping just finished pool deck with ://forum.homeone.com.au/viewtopic.php?f=31&t=2217 Re: NEIGHBOUR BUILT ON MY LAND!! HELP 28Mar 12, 2009 12:35 pm If I could accurately prove they had built over, I would send them an advisory note that I will as a matter of courtesy be providing them with a temporary license to use that part of my land for $100 per year or a case of bourbon and coke.
This is a great idea when more than 150mm as it prevents a Adverse Possession claim being made against your land (subject for it not already being inerror for 15 years+). Re: NEIGHBOUR BUILT ON MY LAND!! HELP 29Mar 12, 2009 12:44 pm Oh i do totally agree its not worth even getting legal advice.. Not even bringing up with the neighbour..
Hey $100 could buy me a pair of shoes every year Re: NEIGHBOUR BUILT ON MY LAND!! HELP 30Mar 12, 2009 12:49 pm only said legal advice because seems to be worry about it that all finished building 40 square home on 5 acres with perry homes.working on the landscaping just finished pool deck with ://forum.homeone.com.au/viewtopic.php?f=31&t=2217 Re: NEIGHBOUR BUILT ON MY LAND!! HELP 31Mar 12, 2009 12:51 pm personally it would not worry me as its only a small amount finished building 40 square home on 5 acres with perry homes.working on the landscaping just finished pool deck with ://forum.homeone.com.au/viewtopic.php?f=31&t=2217 Re: NEIGHBOUR BUILT ON MY LAND!! HELP 32Mar 12, 2009 1:07 pm Think of it this way... if you hadn't had the block re-surveyed, you would never have known
I understand your annoyance though. I have been annoyed lately because the tradies building the house next door have been using our block for all their debris. And their temporary fencing is not on the boundary, it's about half a metre onto our block. But as long as the houses go in the right spot, that's all that matters though. I wonder how many people are in your position and don't know about it. It's not something that's going to be a hinderance in the future so really you are best to try not to let it worry you too much and enjoy your new home Blog: http://bluemistkids.blogspot.com "Never be afraid to try something new. Remember, amateurs built the ark, and professionals built the Titanic." Re: NEIGHBOUR BUILT ON MY LAND!! HELP 34Mar 13, 2009 6:47 am clath Would there be a problem if you decide to sell in the future.. i mean some buyers may make a fuss When i sold my house the buyers checked everything.. fussy i guess If the buyers make a fuss or not. doesn't change the fact that there's nothing that can be done. Stevep79 & Principessa Finished building Wisdom Homes Impression 33mkII in The Ponds, Sydney http://lilypadintheponds.blogspot.com Re: NEIGHBOUR BUILT ON MY LAND!! HELP 35Mar 13, 2009 7:21 am Hmmm, if find it interesting that a few posters are furious about this 20mm enroachment, and yet their suggestion is to try to manipulate the same set of circumstances to enroach as far as possible on someone else land. Fascinating.
I can honestly say it wouldn't bother me. There's enough things in life to worry about that will actually affect the quality of each day and our general enjoyment. This isn't one of them. A different perspective. I leave you to fend for yourself, figure things out yourself. Terrence Malick Re: NEIGHBOUR BUILT ON MY LAND!! HELP 36Mar 13, 2009 8:03 am clath Would there be a problem if you decide to sell in the future.. i mean some buyers may make a fuss When i sold my house the buyers checked everything.. fussy i guess If you can find me a single parcel of land anywhere in Australia without a 2cm discrepancy between their occupation (fencing/walls) and Title (paper dimensions) please let me know. Re: NEIGHBOUR BUILT ON MY LAND!! HELP 37Mar 13, 2009 10:04 am stressed85 - i would be very annoyed about this as well as it would be MY land.
But then as some people here have pointed out there is not much you can do legally so it is best to let it go and enjoy building your new house.. Built PD Beaumont 35 - One year down in the new house.. still so much to do.. Re: NEIGHBOUR BUILT ON MY LAND!! HELP 38Mar 13, 2009 10:34 am MKR stressed85 - i would be very annoyed about this as well as it would be MY land. But then as some people here have pointed out there is not much you can do legally so it is best to let it go and enjoy building your new house.. plus the longer you get annoyed by it, the more likely it will sour neighbourly relations (or at least your perception of the neighbours if nothing is ever said) Stevep79 & Principessa Finished building Wisdom Homes Impression 33mkII in The Ponds, Sydney http://lilypadintheponds.blogspot.com Re: NEIGHBOUR BUILT ON MY LAND!! HELP 39Mar 13, 2009 12:06 pm Well, I thought Soda's erudite posts clearly indicated that 20mm is well within the accepted margin of error. This should be easy enough to verify if anyone doubts Soda's information.
Assuming for a moment that's the case, then it's clearly a non-issue. There will be plenty of real issues in building a house......too many to waste time, effort and emotion on something that isn't of significance. Cheers zeke PS, I do know of a similar occurrence where the "transgressed party" jokingly asked for a bottle of scotch every Xmas. Both parties remain firm friends 30 years (and 30 bottles of scotch) later. Re: NEIGHBOUR BUILT ON MY LAND!! HELP 40Mar 13, 2009 12:37 pm thank you zeke,
the never ending loop of responses started giving me headaches. And the jokingly gesture bottle of scotch had very real legal implications. It was an agreement, and this very simple agreement prevents the benefitting neighbour ever making a formal claim for the small piece of land they occupy. Just to clarify, I'm not a builder I've read my own council's LEP numerous times and worked with an architect to understand my own lot size and problems. 5 1776 Thanks for your reply! All valid points and I agree with you on many of them. I am in QLD, any recommendations on a construction lawyer would be helpful 3 2628 DIY, Home Maintenance & Repair We purchased a 1960s property that is on timber stumps mostly, and a newer section is on concrete stumps. We had a building inspection initially and they reported some… 0 12739 |