Adverse Possession in Queensland?

Discussion in 'Legal Issues' started by wylie, 22nd Nov, 2016.

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  1. wylie

    wylie Moderator Staff Member

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    Thanks Darryl. I might just do that. One side needs some posts replaced that are rotten and leaning. We will cover that cost due to the problems getting hold of that neighbour. Further down that side towards the back the neighbour changes and wraps around one corner, hence the truncated part of the fence I guess.

    I guess if we didn't believe they have some of our yard we would just get in a surveyor and be surprised that the fence doesn't follow the boundary. Until this week, I had no idea myself and I guess the corner neighbour likely hasn't a clue either.

    Their house is quite close at this corner, but that is not our problem.

    I think we will go over when it is surveyed and then we can deal with any issues as they arise. We can also take that opportunity to either see if they are home (with the fence now down) or walk around and drop something in their letterbox.
     
    Bran and Perthguy like this.
  2. RPI

    RPI SDA Provider, Town Planner, Former Property Lawyer

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    In QLD Adverse possession is possible, but very complex and expensive. Not something I would contemplate unless additional land allowed you to create an extra lot
     
  3. wylie

    wylie Moderator Staff Member

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    I wouldn't spend any money on trying to fight this to be honest. The land is only 354sqm and has a UCV of $620k. I estimate the little corner they have is valued at $8k(ish).

    The big thing for us is that with such a small block, and million dollar new builds further up the street, and this house having city glimpses from the top level now, that best use for this block would be to knock this down and build as high as possible and gain city views.

    We won't likely do that, but the eventual buyer will I think. My concern is that the back yard is tiny now and looks even smaller due to the truncated fence. Once a bigger house is planned and built, that truncated corner becomes more valuable as outside space.

    I want my land back, but I think I'll go ahead with the survey and if those neighbours start talking about legal action I'm guessing we can just say "have the land" rather than spend anything fighting this.

    I'm not so foolish to fight for what is right if it means causing myself anguish or expense.

    We understand when to just give in, even when we know we are right. We gave up $1m when we were right not all that long ago. Fighting to prove we were right would likely have cost us close to that and we risked losing even more.

    Do you agree with should go ahead with the survey and just assume we will put the fence in the right place, and if they raise legal issues, we can back down?
     
    Marg4000 likes this.
  4. Phase2

    Phase2 Well-Known Member

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    I don't understand? You're talking about a neighbour who has a corner section of your block? How could you ask them to pay for half of your new fence when they don't actually have an adjoining boundary???

    If that corner is overgrown, I'd just do the survey and build the fence. If the affected neighbour kicks up a stink about it, so what?
     
  5. wylie

    wylie Moderator Staff Member

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    They wrap around our corner. They have the corner and along both arms from the corner. It is a strange layout really.
     
    Last edited: 24th Nov, 2016