Browse Forums Building A New House Re: Boundary survey shows neighbours are occupying our land 9May 24, 2014 4:28 pm We are going through Adverse Possession right now! We bought our house June 2012 and had a survey done. We identified that one neighbours has 18.83sqm of our land. We thought it would be an easy fix, since they've only built a small shed on the land. Boy did that go south fast! They didn’t give us an opportunity to offer to pay, nothing. Bottom-line they have most likely had possession of it for 15yrs+. Therefore get to keep it (we’re in VIC.) It’s a shame neighbours cannot sit down and talk about it. If the roles were reversed, we would gladly give it back or try and work out something that was amicably. Good Luck!!
Re: Boundary survey shows neighbours are occupying our land 10May 24, 2014 5:38 pm Building the Dream On the other side, I am building to the boundary. To use round figures, the block is 16 metres wide. The house is 15.1 metres which leaves the required 900mm to the other boundary. This 28cms means we won't have the council required 900mms to the boundary. That's what I was talking about, though; according to the surveyor, the fence is installed 28cm on your side of your land; but is "the boundary" defined by where the fence is or where the surveyors say your land is? Re: Boundary survey shows neighbours are occupying our land 11May 24, 2014 5:49 pm Hi Forg, The boundary would by defined by the records held by the lands title office and on the title that you receive when you purchase the land. Re: Boundary survey shows neighbours are occupying our land 12May 24, 2014 5:54 pm Thats what I also posted. The boundary is exactly that and the fence is not the boundary as far as I am aware. I would think your house would still be the correct set back from the boundary just 28Cm closer to the fence. Have you asked the council and assess how squeezy it would be. It may be a large worry for no reason. Re: Boundary survey shows neighbours are occupying our land 13May 24, 2014 5:55 pm Hazatude, The surveyor last said the house with the shed is ok and the fence and shed is actually 100mm inside their block. This means that the house with no shed or structure has the fence 380mm on our land. The fence is probably 5 yrs old max and I am assuming that's when the error with the fence was made. The current owner next door has only had the house for probably 2 years and would be unaware. I'm waiting for the survey report, then legal advice before I approach them. Re: Boundary survey shows neighbours are occupying our land 14May 24, 2014 6:03 pm No I haven't flagged it with council at this stage. Their standard guidelines which they post on the net indicate they wouldn't approve it. They possibly have some discretion but I can imagine it would be a bit of a battle. I'm gathering as much info as I can before bringing it to their attention as they might withdraw the approval. Re: Boundary survey shows neighbours are occupying our land 15May 24, 2014 7:28 pm BTD - sounds like you are in a better position then us. I agree not to not speak with the Council. I use to work for one. This was/is a very common issue that residents wanted assistance with. Due to this being a civil matter, they usually don't get involved. They could pull or place your approval on hold until all is resolved. If you like to read, check out your state legislation and case law on the subject. However, others may have different experiences that they can share with you. You may find that the biggest issue will be who's paying for the move or new fence
Re: Boundary survey shows neighbours are occupying our land 16May 24, 2014 7:55 pm I have had a bit of a read, it seems a big thing in my favour is that they do not have any structures on my land. They have only owned the house for 2 yrs so cant argue they have used it or the last 15 yrs. Fences Act supports me, Real Property Act I wasnt as clear on. A neighbour who we're friends with said she heard of the same issue a few doors down from us. One owner reclaimed 20cms of land from another owner which also required them pulling down a carport to give the land back. Not sure of the details but apparently they haven't spoken since. Another issue with the fence is that the neighbour has placed a garden bed against it (their block is slightly more elevated than mine) which has caused a distinct lean towards my block. A small retaining wall should have been put in. Re: Boundary survey shows neighbours are occupying our land 17May 24, 2014 8:39 pm I think this is going to be tricky anyway you do this... Have the conversation with them, ask them what they want to do (explain that you don't want to get off on the wrong foot etc, but it is an issue for you) and try and approach it the way you'd want to be approached should the shoe be on the other foot. They may be decent people who made a mistake and will be keen to assist in rectifying it, or they might play hardball. Or they could be somewhere in the middle and act dependent on how you approach it. Have all your legal information up your sleeve, but for the sake of an easy process and less stress try the softly, softly "lets work together" angle first. It's a long shot, but it may save some unnecessary grief and you have nothing to lose by trying it. Thread: viewtopic.php?f=31&t=66299 Slab: 16/6/14 Frame: 4/7/14 Roof: 22/7/14 Lock Up: 20/8/14 Fixing: 26/8/14 PCI: 9/10/14 Handover: 20/10/14 Re: Boundary survey shows neighbours are occupying our land 18May 25, 2014 10:25 am I'm going to be going through this as well. Our neighbours have the fence about 20cm onto our land. It's not in fantastic shape either. Their property is an investment property with tenants. They were pretty reasonable when we asked them to move their electricity which went over our land and paid for a private pole to be put in. We have to pull the fence down anyway, as we've done a cut to the boundary on that side and need a retaining wall to be put in. Will be dealing with it when we get the retaining wall and fencing quotes done. I don't know why people are recommending to let it go. 1cm I would understand, but we're talking about a substantial amount of land! ask the surveyor for clarification would be the logical approach 1 20396 Good on you for having a go I am the opposite of DIY (so will pay a builder) - our vibe is industrial/simple so current thinking is 150mm concrete and then internally is… 3 1211 A survey must’ve completed by a certified surveyor. This form part of every DA requirement 3 225617 |