Hello all In February 1993 I purchased my property. The driveway that accesses my property, is fenced both sides, I have an internal block so the lane/driveway is about 60 meters long. There was a timber boundary marker at the top of the driveway depicting that the boundary was correct. For the past 28 years I have maintained, planted trees and treated this portion of land between the two fences as my own without ever having anyone whatsoever questioning the boundaries created by the two fences. Both fences have been there for over 50 years. Recently (last 12 months or so) there has been some unpleasant confrontations form my neighbor she bought her property in 2015. She has never approached me to discuss her boundary concerns, I just find random objects and spray paint markings in places I assume she wishes to claim. A few months ago she drove a star picket in the middle of our driveway and attached some fence wire to it as an act to claim the land, claiming that the property boundary marker (Star Bar) was buried under there. My husband and I removed the barrier thinking she was indeed mad. Two weeks ago we found her digging a hole in the driveway, we confronted her, she said she was looking for the star bar marker, after a most unpleasant confrontation I told her she was trespassing and to get off my property. There are roadworks upgrading the road and much land has been acquired and along with it went the timber boundary marker. After much second guessing and doubt I engaged a surveyor to assess the boundaries and he has concluded much to my disbelief that the original boundary marker is in fact in the middle of our driveway. It is my understanding that I may have the right to apply for adverse possession. The surveyor said I had to prove I had been paying rates for the said piece of land which I found impossible to prove. The boundary fence in question has been there for well over 50 years, I personally have maintained and used the driveway for over 28 years without any objection from any previous neighbors and in belief that the property between the two fences was certainly mine. I have read many forums in relation to adverse possession but none quite like mine. Some advise would be greatly appreciated
You will get a lot of arm chair experts going on about this. Best to just see a property lawyer if you want advice.
This. Best get a lawyer in ASAP. Its quite likely, ownership itself aside, there may be some kind of easement for the driveway, or right of access. But get a property lawyer, they can check out what is and isn't. And will let you know your options from there. Given the agitation your neighbour is displaying, I would get onto it asap.
@Tracy Connell I'm a NSW Surveyor and I second this advice. if you and the adjoining property are Torrens Title it is very hard to claim in most states. unfortunately the "timber marker" you saw may not have been a surveyors peg, and / or could have been moved by someone. you will need the Surveyors report / sketch that placed that mark to confirm it's validity.
