blocks of Land

Depending on where it is, council will come after you for weed control. Check your local policy for this. Apparently isn't tooo expensive, but is another cost to consider.

Also your council rates are not a lot cheaper (they may still charge for bins and so on, even with no dwelling there using it!).

 

Its called 'Adverse Possession' but its more like 12 to 20 years. However the Law is different between the States. You will need to prove uninterrupted and exclusive use. Extremely difficult with Torrens Title. Old System Title is a bit different but still a complex legal case. And next to No-chance acquiring title for Crown Land.

 

@bmc possibly... however I have a neighbour in my street with a crazy adjoining neighbour who advised him she would erect a very high colorbond fence and he would pay half. He advised her he couldn't afford that, and the current timber fence wouuld do just fine. She went ahead and erected a colorbond fence 50cm inside the existing timber fence. So now there is a timber fence AND a colorbond fence. The chap rang council to ask what the go is, and council advised;

Leave the colorbond fence and timber fence there. At the 2 year mark, quietly remove the timber fence. The colorbond fence becomes the new boundary. She will not be able to maintain her own downpipes without requesting access via your land as the 50cm wide sliver will now be yours.

The fencing act is a bit of a dry read... I'll go through it one day if I need to, but I find the story highly amusing. From my brief readings of the fencing act he could at least complain to a magistrate and she'd have to compensate him for loss of occupation of the land under item 1J, section 30c of the fencing act. I am sure there is a lawyer on the forum that is well versed with the fencing act that tell us exactly how this would unfold if my neighbour decided to kick up a fuss. But I think he just probably quietly took that timber fence down, knowing crazy lady next door would never think to check the old timber fence was still in place.

 

I am a NSW Surveyor and I'm not familiar with the VIC laws but just beware of council 'officials' offering advice on property boundaries. Old System Title or 'Limited Title' can be a little 'loose' as far as title definition goes. Property boundaries can alter slightly from original deed description and adverse possession can come into it, but it is a complex court issue and subject to survey definition.
I agree a Property Lawyer or Licenced Surveyor would be worth consulting.

 

Holding cost of a vacant block will be significantly more than they of a slightly negatively geared property of a higher value..

 

@bmc agree re council "officials", though I would imagine the council has observed the full course of a few fencing disputes and likely have an insight into how it pans out.