Browse Forums Building A New House 1 Jun 30, 2009 10:48 am hi, hope this is in the right place... I am about to start building with orbit homes, we have chosen colours, and gotten approvals, and are close to getting a start date. I went out to the block the other day for an inspection with the builder, an began to measure up for where the house will go, and the block is now 600mm shorter than on the plan of sub. it is fully fenced and should be 17mx39m, but is only 17mx38.4m. having it surveyed today. Has anyone else run into this problem. not the best way to meet the neighbour! hi, just wondering if you could possibly move you fence by 600mm? does any one know if this is going to cost a lot to fix, an who pays? an in anyones experience does the fence get moved? any information would be great. Thanks James Re: Fence over my boundry!! 2Jun 30, 2009 11:44 am Hi, Our limestone fence was out by 100mm.. we decided because of the cost and hassel not to move it. It is such a pain though. In our case our developer wanted to know nothing about it and actually said theres no problem once you put the fence up you still own abit of the land behind the fence its part of your title.. what kind of answer is that.. the guy was a total moron but anyway we would of had to pay for moving it, our other option was to have the fence on the boundary but this would behind the limestone wall so we could see into our neighbours lot and extra cost of rasing the fence was more then we wanted to pay. We made a choice to stop thinking about it or else it would just drive us insane if we kept thinking ohh but thats our land. Im glad we just let it go. Hope this helps Goodluck. Home Group WA Monte Carlo Timeline on Page 1 Re: Fence over my boundry!! 4Jun 30, 2009 12:25 pm If you are in Queensland refer to the Dividing Fences Act. It is your reference point for potential legal claims. http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/D/DividfenA53.pdf Generally a fence should be constructed "on or about" the boundary otherwise it may be deemed an encroachment. This also depends on the value, the condition and material it is constructed from. Again if you are in QLD your surveyor should issue an encroachment notice "by law" after reinstating the boundary. Re: Fence over my boundry!! 5Jun 30, 2009 12:52 pm The error you mention seems to be in the block length. It is rare that rear fences are to far out of position, as normally adjoining blocks 'share' the same rear alignment. Maybe have a look at this and see if adjoining blocks have fences in a similar position. It could just be that the side fences don't extend to the actual front boundary, is there a footpath say 600mm in front of the fence end? Re: Fence over my boundry!! 6Jun 30, 2009 1:26 pm It is one thing I am worried about as well. Our block is 3m longer than our left hand side neighbours, so it is a concern to me that the rear neighbours will build their fence to far back into our property. Going to keep doing regular inspections on the land until the fence is up, if they build in the wrong spot I will be going straight to the developers and letting them know that the owner of that block has built on the currently undeveloped land. Re: Fence over my boundry!! 8Jun 30, 2009 2:35 pm Interesting thread this, as I've been pondering why my landscaper has built my timber retaining wall (cut-side) in-board by 400mm on my plot. I'd have thought the wall would have gone right on the boundary Re: Fence over my boundry!! 9Jun 30, 2009 2:57 pm Coral-Stradbroke251 Interesting thread this, as I've been pondering why my landscaper has built my timber retaining wall (cut-side) in-board by 400mm on my plot. I'd have thought the wall would have gone right on the boundary It is standard practice for developers to build retaining walls within the boundary of the block requiring the wall, rather than on the boundary, like a fence. Al & Caitie- Building the Hamilton 278 (Coral) at Narangba Re: Fence over my boundry!! 10Jun 30, 2009 3:04 pm alk Coral-Stradbroke251 Interesting thread this, as I've been pondering why my landscaper has built my timber retaining wall (cut-side) in-board by 400mm on my plot. I'd have thought the wall would have gone right on the boundary It is standard practice for developers to build retaining walls within the boundary of the block requiring the wall, rather than on the boundary, like a fence. Cool, thanks for the info alk Re: Fence over my boundry!! 11Jun 30, 2009 3:34 pm alk Coral-Stradbroke251 Interesting thread this, as I've been pondering why my landscaper has built my timber retaining wall (cut-side) in-board by 400mm on my plot. I'd have thought the wall would have gone right on the boundary It is standard practice for developers to build retaining walls within the boundary of the block requiring the wall, rather than on the boundary, like a fence. Sounds about right. As far as I am aware the retaining wall belongs to the person on the lower side as they cut the land. Re: Fence over my boundry!! 12Jul 01, 2009 9:30 am Hi everyone, thanks for the posts, There are no easements on the block an it is in wyndham vale in vic. also it is the side fence between me an my neighbour, so its not due to the front. it is a battleaxe style block. so i have 14m frontage. (currently 13.4) Yeah there are a couple of similar stories around but generally for lesser amounts, some down to 20mm. I think it is enough to be concerned about as it adds up to 10.2 sqm. which is a lot these days with some blocks only 300sqm in total. an considering I'll be paying for it for 25yrs, I don't really want it to be a donation to the value of the neighbours property. The neighbours had all the fences put up before I bought the land. It also leads into a problem with the water meter sitting in the driveway! city west water will move it 600mm for free and then charge about $500, for anything over this. when if the fence is also 600 over (where it should be) it gives me the extra room I need to get it in behind the fence an not on the drive way. still waiting to hear from surveyer. I am really interested to hear from people that have been able to reclaim there land. an how long it takes. Because the builder is due to start in about 3 weeks. can I just pull it down if worst comes to worst? James Re: Fence over my boundry!! 15Jul 01, 2009 4:03 pm IMO this is a significant error. If you didn't contribute to the cost of the fence then you're ahead, speak to the neighbour and suggest that the fence is moved either at your total cost or a shared cost (whatever you think is fair). If he doesn't agree suggest VCAT as a mediator - then he will agree.. Ed "ECOECO" At 'EcoEco', we design windows, we design the best windows, we do it for you, so that when you’re happy we are happy. Tel. 1800 326 326 Re: Fence over my boundry!! 16Jul 01, 2009 5:20 pm In Victoria you really want to sort out the problem. If you let it go for 15 years the title of your 10 sqm will go to your neighbor. http://www.parliament.vic.gov.au/lawref ... /wrong.htm And dood luck with City West Water. They're not the easiest lot to deal with. Trying this building gig one more time. Re: Fence over my boundry!! 17Jul 03, 2009 6:51 pm If its on the title the land is still yours. If the fence is in good condition and you want to move it just to reclaim land, it is 100% your cost. If the fence is in poor condition, the cost is 50/50, and it gets reerected in the correct spot, your neighbours cant complain, they should consider themselves lucky you wont charge them for rent. I have the same problem but my side fence is 200mm on my property (the posts are almost in the exact spot) currently i cant be bothered moving it, but now the garage is exactly on the boundry so i have a dog leg, but my decision might change once i get the paving, cause eventually this 30 year old fence is going to get replaced, and i dont want the paving to look silly, but right now i just dont want to pay for the whole thing. Re: Fence over my boundry!! 18Jul 03, 2009 8:18 pm we have an issue with boundaries. it hasn't become an issue yet. but when we were going to put up a shed, we measured the block and found out that it is 1.2m wider than it should be. so we got a surveyor out and paid $700 to find out that it's 500mm out on one side and 700 on the other side. so WOW!!! alot of extra land. the houses were all built in 1910, so the fences have been there for years, our water pipes are on the neighbours land on one side, and the gas main is on the neighbours land on the other side... so if they ever kick up a stink, it's going to be one hell of a hassle. one side, the neighbour has built out 500mm onto the footpath (crown land) so if he ever says anything, i'll tell him that he's on crown land and if he wants to move the fence, i'll tell the council that he needs to move all 4 of his fences because he's on crown land. costly exercise for him considering he's just put some new fences. on the other side, the previous owner put up a new fence, and carport only a few years ago, so i don't think they'll be wanting to move their brand new fence in a hurry. we will just make sure that we don't build anything on their property for the time being and keep our mouth shut. lets hope they don't decide to knock down their houses and sub-divide or we'll be in a hell of a mess. Re: Fence over my boundry!! 19Jul 25, 2009 9:12 am Is there any law or precedent that says how far out a fence has to be to be able to move it ? Our fence is 20cm out on one side, which doesn't seem much, but with the land cost nearly $1000/m2, it's quite a few $$ to throw away. Also the neighbours have built rockwall retaining against it which means that if shifted, the fence would have to be on their rocks meaning the retaining wall will have to be shifted. Anyone had any success getting fences shifted for all variances ? Re: Fence over my boundry!! 20Jul 25, 2009 5:22 pm What if the neighbours block is the right width, and so is there neighbours ect but the problem ****** with the house 10 down from you. It could be very messy and you could be very popular along with the block 10 down. Hi everyone, Looking for some advise. We are about to build an above ground pool in our backyard. There is a private sewer line running under the pool at 1.6m… 0 11731 Much a do about nothing. 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