Browse Forums Building A New House 1 Feb 02, 2013 9:23 pm Hi Guys, I need some suggestions urgently because this land is not settled yet. I bought a land recently and found there is a problem which is really out of expectation just today: This land was bought as a knock-down and rebuilding purpose. I was told by Agent that land area is 600M2. Then I bought it, with a DA approved plan which includes a report from a certified surveyor saying 600M2. Today, when I talk with the builder, he showed me another report from RPdata saying the land is 560M2. I was totally shocked and checked the area from Google area calculator. Unfortunately I think RPdata is more likely correct. I found the current fence on satellite view is deviated with the boundary on Google map view. My question is: 1. Is it legal to have this extra 40M2 2. Will I get any troubles from neighbor in the future? 3. If it is not legal to have 40m2 which means I lost my money on on-existing area. What can I do? Should I ask money back from the surveyor, Agent or previous owner? I believe this problem is not that special as those fences can be set up 20, 30 years ago that laser was not used. Any advice is appreciated. Many thanks. Re: Shocked by land area difference, what can I do? 2Feb 02, 2013 9:47 pm I would consult a lawyer specialising in land disputes. My understanding is that if a fence has been in place for a certain number of years unchallenged then that fence becomes the legal property boundary. But this is remembering what my Dad told me decades ago and could easily be wrong, or may have been right then but the law may have changed. Re: Shocked by land area difference, what can I do? 3Feb 02, 2013 9:51 pm Looks like it is 15 years unchallenged the land may become yours legally. It's called the Law of Adverse Possession, see below link from Victorian government, it would be similar in other states. http://www.dse.vic.gov.au/property-titles-and-maps/land-titles-home/dealing-with-titles/adverse-possession Re: Shocked by land area difference, what can I do? 4Feb 02, 2013 9:54 pm Rpdata can be wrong. Our land size for our lot has our next door neighbours land size on Rpdata. Also has next door neighbours house picture. Found out as we are going to sell our house soon and agent provided these details to us. DH also has access to Rpdata so we checked for ourselves and have seen incorrect land size listed for our address. Council should be able to confirm correct land size We built the Wisdom Majestic 40 - moved in! Our blog - http://ourwisdommajestic40.blogspot.com.au/ Our H1 thread - viewtopic.php?t=54156 Re: Shocked by land area difference, what can I do? 5Feb 02, 2013 10:01 pm ugbug Looks like it is 15 years unchallenged the land may become yours legally. It's called the Law of Adverse Possession, see below link from Victorian government, it would be similar in other states. http://www.dse.vic.gov.au/property-titles-and-maps/land-titles-home/dealing-with-titles/adverse-possession Thank you ugbug. I am actually looking at this law as well, but seems to be a long/complex dispute.... I will ask advise from my lawer. Re: Shocked by land area difference, what can I do? 6Feb 02, 2013 10:05 pm Onewheel Rpdata can be wrong. Our land size for our lot has our next door neighbours land size on Rpdata. Also has next door neighbours house picture. Found out as we are going to sell our house soon and agent provided these details to us. DH also has access to Rpdata so we checked for ourselves and have seen incorrect land size listed for our address. Council should be able to confirm correct land size I will definitely contact with Council next Monday. Here is another question... if council got all the information, why people pay a surveyor before building or buying land? CDC Housing Code 3 When to apply Floor Area external face of wall vs Gross Floor Area internal face of wall. Reading thru CDC Housing Code 3, lets take a lot 915sqm.… 0 16562 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 1828 Even if it's not being sub-divided and you want to keep it as Torrens title, you will still need to talk to a town planner or Council themselves, to see if they will allow… 1 11035 |