Browse Forums Building A New House Re: Advice required: rear setback vs my boundary vs estate f 6May 09, 2017 2:12 pm I spoke to the sales guy at my builder who is the only one who ever really answers his phone, and he says the council will measure the rear of house to rear of boundary, and so the location of the fence is irrelevant. I'm going to call council to check on that, and I have sent my conveyancing lawyer a quick email to ask if she recommends I leave it or whether she thinks I should do anything different. Re: Advice required: rear setback vs my boundary vs estate f 8May 09, 2017 3:49 pm Oh, if its against you then I'd be asking them to move that fence... isn't there some rule or law, where if a situation stays that way long enough it technically becomes their land eventually? Or maybe I'm getting it wrong.. but yeah, they owe you 20cm!! They should move their fence. Re: Advice required: rear setback vs my boundary vs estate f 9May 25, 2017 10:51 pm Hi, sorry it took me so long to see this post. Here's what is ideal to resolve this situation without moving the fence in the mean time. You would need a re-establishment survey completed by a licensed surveyor to prove that the fence is encroaching on your boundary. The council will umm and ahh and essentially not make a call either way to help you. There is such a thing as the adverse possession law often referred to as 'squatters rights.' I believe in Queensland the time frame is 12 years, after such time the occupation (existing fences, walls, etc) can be taken as the properties boundaries. To guard against this, take note of the error now, have it signed off by a licensed surveyor and make sure that they are notified to move the fence. Luckily you have 12 years up your sleeve, but it's amazing how quickly time can creep up. Re: Advice required: rear setback vs my boundary vs estate f 10May 26, 2017 7:41 am As part of your build, the builder should already have done a re-establishment survey. And yes, the boundary is measured from the plot boundary, not the fence. I would be having the developer rectify, so at the very least your property boundaries are correct. Our neighbour has fenced approx ~20cm of our land, however given the blocks have been established for 80+ years, I'm not about to ask him to move it, as it was done long before both of our time - and our block is big enough as it is. Hi All, see above image. The required setback from the rear boundary in my case is 5m, as you can see the shape of the site and location of the boundary is slightly… 0 8451 Building Standards; Getting It Right! Hi everyone, My lot has just been titled and during the settlement we found that the rear pegs were not visible. We requested for a re-establishment and pegging plan… 0 18934 Hi, It’s important to keep in mind that dividing fences have thickness, so it’s impracticable to expect them to be wholly constructed within the neighbouring… 2 18378 |