Browse Forums Building A New House 1 Oct 30, 2013 12:28 pm I have lived in my house in NSW for 20 years. We bought the house knowing it had an encroachment of up to 70mm where our garage is adjoining next door on the boundary line. My neighbour bought her house 17 years ago also knowing that our garage encroached slightly onto her land but bought anyway not wanting us to do anything about it. Now she is threatening us to take action to have it modified. She is upset because the garage was starting to fall down so we have rebuilt ,( she went away for 3 months and we told her we were replacing the garage whilst she was gone), but now the wall on her side which she had attached her clothesline to is no longer brick but fibro. Where do I stand???? The building survey we had done in 1988 says that the cottage does not comply with the requirements of Clause 11.7 of Ordinance 70 of the local government act 1919 as regards the distances from the walls to the boundaries as the southern wall of the cottage stands over the boundary. In our opinion the property complies with the relevant conditions contained in the covenant created by Transfer No. bla bla bla. Apart from minor fencing irregularities there are no further apparent encroachments by or upon the subject property. My husband has done so many things for her over the years and now she wants to cause us grief. Re: my garage encroaches on next door 2Oct 30, 2013 3:07 pm While I'm not going to claim to definitely know the answer ... a few years ago, at least, there was effectively a time-period after which the neighbour couldn't do anything about it if they'd done nothing about it up until that time. I thought it was 10 years, but this was ... wow, 20 years ago now (and may even have only been that particular shire council). I think my actual answer, therefore, is that it may be worth your while chasing it up with the council to find out what the reality currently is. Unless someone on here is 100% sure of the answer for NSW, of course. Re: my garage encroaches on next door 3Oct 30, 2013 3:42 pm There may be a reset in the time period (if one exists) as you've rebuilt? Did you get (or need to get) approval for the rebuild? Generally with boundary walls the neighbour gets a say in the finish of the wall but I'm not sure if that comes down to type of material used. To be honest I'd be annoyed if someone pulled down a brick wall and replaced it with fibro, unless of course the old wall was an eyesore. Re: my garage encroaches on next door 4Oct 31, 2013 11:22 am I agree with Forg. I would go to council and find out the answer. Random question.....is she allowed to attach her clothesline to the wall? Re: my garage encroaches on next door 5Oct 31, 2013 11:45 am I am not a lawyer but I know there is law of adverse possession. Essentially if you have occupied part of someone else's land unchallenged for 15 years you may become entitled to it however you need legal advice. Why don't you offer to give her 2 posts on her side to hang her clothesline, that may solve the dispute. Foremost Building Expert in Australia,assisting with building problems/disputes, building stage inspections,pre-contract review advice for peace of mind 200 blogs http://www.buildingexpert.net.au/blog Re: my garage encroaches on next door 6Oct 31, 2013 12:04 pm I think it became your problem the moment you rebuilt your garage. Why not just rebuild it without encroaching on her land? Re: my garage encroaches on next door 7Oct 31, 2013 12:50 pm Did you need to get a permit to redo your garage? Was a new survey undertaken? Re: my garage encroaches on next door 8Nov 02, 2013 8:35 am We didn't need a permit as we were replacing an existing garage. The builder was told of the encroachment but because we weren't standing over the top of him he forgot and put it back in the same place. She doesn't hang her clothesline off our wall anymore, she put posts in. My husband has removed the window and painted the wall, so now she should leave us alone, until we sell in a few years that is. My guess is that whoever buys my house will be knocking it down and building duplexes (that is what's happening all around the suburb), her encroachment problem will be fixed but she will more eyes staring into her yard. i imagine you also have another contract with an architect? and yeah, whatever other's said about special conditions and appendices 16 16008 Dover white or surfmist garage door. I am having trouble choosing a garage door. The outside of house will be tranquel retreat. I want it to all blend nicely however I… 0 6830 Hi, have purchased a house with 2 single garage doors. The Centre pillar one side sits proud to the other. Can I change 2 doors into one. Please see picture. 0 6350 |