Browse Forums Real Estate Re: potential Adverse possession issue? 2Oct 25, 2017 10:23 am karimaka Hi, hopefully I am posting in the right forum So I am in victoria so hoping to get some guidance for this. My neighbour (more like their builder) arranged for the fence to be installed which we agreed to in writing (note that no detail diagram was provided on the fence and this was built. see pic. Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ As you can see the fence was built on the boundary line until the garage wall, which is roughly 20cm off my garage outer wall. It appears that that 20cm width x length of my garage is conveniently for my neighbours use. Now I have no problems with this setup, seeing that it is silly to place a fence between the boundary line and my garage, and its not like I will really utilise that space anyway. However I am concerned that down the track due to adverse possession, i will lose that portion of my property which continues to the front boundary i might add. Resulting in me potentially lose part of my land to my neighbour. Is this is case? Do I need to worry about this? Thanks Hi, which is your property? Seek confirmation from your builder if there is any encroachment on your land. Once this is established it is better to rectify the situation as it will impact the re-sale of both properties. Save yourselves from avoidable future litigation. Re: potential Adverse possession issue? 3Oct 25, 2017 10:37 am IamSAM karimaka Hi, hopefully I am posting in the right forum So I am in victoria so hoping to get some guidance for this. My neighbour (more like their builder) arranged for the fence to be installed which we agreed to in writing (note that no detail diagram was provided on the fence and this was built. see pic. Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ As you can see the fence was built on the boundary line until the garage wall, which is roughly 20cm off my garage outer wall. It appears that that 20cm width x length of my garage is conveniently for my neighbours use. Now I have no problems with this setup, seeing that it is silly to place a fence between the boundary line and my garage, and its not like I will really utilise that space anyway. However I am concerned that down the track due to adverse possession, i will lose that portion of my property which continues to the front boundary i might add. Resulting in me potentially lose part of my land to my neighbour. Is this is case? Do I need to worry about this? Thanks Hi, which is your property? Seek confirmation from your builder if there is any encroachment on your land. Once this is established it is better to rectify the situation as it will impact the re-sale of both properties. Save yourselves from avoidable future litigation. Hi, Should have mentioned. The one on the right. Nothing to do with my builder, as my build was completed months ago, however my neighbours is still ongoing. Re: potential Adverse possession issue? 4Oct 25, 2017 10:59 am Adverse possession has been done to death over on Whirlpool in the Home sub forum and there has been some good references to legalities. It would be worthwhile to also do a forum search on there. 3in1 Supadiverta. Rainwater Harvesting Best Practice using syphonic drainage. Cleaner Neater Smarter Cheaper Supa Gutter Pumper. A low cost syphonic eaves gutter overflow solution. Re: potential Adverse possession issue? 5Oct 25, 2017 1:11 pm Following i might be in similar situation, as you can see on the left hand side it is my neighbor and i am on the Right hand side should be 1.25m distance ....as per plans the council will give me trouble, as my builder said when I asked if I can narrow down more to the neighbor side in initial planning stage. Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ Re: potential Adverse possession issue? 6Oct 25, 2017 2:45 pm I believe that Adverse Possession doesn’t happen automatically and somebody needs to make application for a claim. For this you need a solicitor, and it will cost a few thousand all up in solicitor and surveyors fees Highly unlikely someone would go to the trouble and expense. If it really bothered you, you could speak to a solicitor and get an agreement drawn up acknowledging the issue. Re: potential Adverse possession issue? 7Oct 25, 2017 3:49 pm Mrs_W I believe that Adverse Possession doesn’t happen automatically and somebody needs to make application for a claim. For this you need a solicitor, and it will cost a few thousand all up in solicitor and surveyors fees Highly unlikely someone would go to the trouble and expense. If it really bothered you, you could speak to a solicitor and get an agreement drawn up acknowledging the issue. Agreed. I am just trying to prevent this from ever happening. if it makes a difference in my argument, my gutters is occupying a portion of the airspace. Re: potential Adverse possession issue? 8Oct 26, 2017 3:57 pm Im in same boat. I'm also seeking suggestions as my both RH and LH are double storey and still at slab stage. Re: potential Adverse possession issue? 9Oct 27, 2017 5:13 pm There is a quick guide to adverse possession at this link: http://anewhouse.com.au/2013/12/how-adv ... g-a-block/ The Harder You Try - the Luckier You Get ! Web site http://www.anewhouse.com.au Informative, Amusing, and Opinionated Blog - Over 600 posts on all aspects of building a new house. Re: potential Adverse possession issue? 10Nov 04, 2017 7:33 pm Make an oath (or whatever instrument your solictor suggests) and issue it to your neighbour. The oath should state the distance form your wall to thw boundary , and that you do no give consent for him to enter upon that land or use it. He cannot claim Adv, Poss whilst being refused permission to use your space. If the fence is encraoching, you are entitled to remove it yourself right now. AP claims refers more to larger tracts of land where the space can actually be used for something useful. If left bare like that it is not being used, and a claim would fail anyway. A claimant must show they they regularly used and derived a benefit from the extra land. Hardly applicable there unless he sets up up a bed. pottery wheel, or something like that. All 3 items listed are defects and are of concern. Please seek qualified independent inspector and/or legal advice for your state. 1 8355 Just removed 40 liters of water in the span of 2 hours. Water fills up the hole just above the seepage point and doesn't overflow. 1 1107 That brown colour looks like Masonite or hardboard. Get it checked but typically asbestos was used in wet areas and plaster board or Masonite in other areas 1 673 |