Border issue with neighbour

Hi, I am pretty troubled with what happened recently and hope someone can help.

I just bought an old property from someone. After purchase, I looked at the title and realised that something is wrong with the boundaries - it has very possibly been encroached by neighbours!

After settlement, I went over to the neighbour on the right and suggested that we realign the border based on the title dimensions that we have (which means she has to recede about 40cm backwards). But to my surprise, she refused and said outright that she has possession of this house for the last 20 over years and the border has always been like this. She then used the 15 year rule to say that she would have adverse possession of the land anyway even if she was wrong.

Next I went to the neighbour on the left. I told him about the possible encroachment. He claimed ignorance but he was willing to negotiate initially. I then suggested getting a surveyor and we share half the costs. Thereafter he stopped communicating with me!

So what's the normal procedure in settling such a dispute? Do I have the right to get neighbour to pay half the cost of surveying? What about the 15 year rule. Does it apply in this case? Say I pay for the total surveying costs and after that, it was determined i was right, what are my rights? Do my neighbour pay the total costs of realigning the fence line or do I need to share the costs? What happen if they refuse to recognise the survey results? Thank you.

 

Get some legal advice. I don't like you chances

 

You need to have your facts straight before starting that sort of discussion.

Get these boundaries surveyed and pegged - then get to professional advice on your options and issues.

Then maybe, just maybe, you take it further and talk to your neighbours.

For 40cm I'm not sure I would bother unless it directly affected some plans.

You have pretty much normal neighbours- I'd react the same way as they have.

 

@Xiao Hui
i would suggest talking with a registered (licensed) Surveyor. He/She can look at your title or any other documentation you may have and advise you on the next step.
You will bare the cost associated with this and if the existing fence is in good condition you may also be responsible for the cost to replace.

I am a NSW Land Surveyor so i won't comment on the details surrounding "adverse possession". as the law is different in each state.
If your land title is Torrens then i find it extremely unlikely that anyone can claim part of your lot. However Old System Title (Common Law Title) is a different case.

Beware of the Bush Lawyers throwing the term "Adverse Possession" around, as many have not experienced it first hand nor do they understand the legal complexities surrounding it.

 

Interesting.

When our fence was replaced our neighbour had it built towards our side starting near zero and moving out about 50cm from its original location (almost 2 years ago). I was away at the time, confronted him and he just said he liked it better this way as it lined up better.

Not sure what to do as they are in jail and likely someone else will be legally entitled to the property and then possibly sold by new owner. Guess I need legal advice too!

 

So you buy a property, and your first interaction is "Hi I am the new owner give me some of your land" and you wonder why they are shirty?

 

Yes, he has just alienated his neighbours for as long as he lives there

 

Thanks a lot mate. I will do that.

 

Move it while you have the chance!

 

Based on what you have said your neighbour has possessory rights over that land. In order for them to have your title and theirs changed to the dimensions that match old fenceline/buildings along the bounday, they will need to do a survey and pay the fees associated with claiming that land. It isnt cheap and there's a pretty good chance they won't do it.

Do you need this land as you are developing?

When you purchased the property you would have inspected it and been happy with what you saw, you are probably feeling cheated by this process but just remember you were probably happy before you worked out this possible issue, and i say possible because you havent had a survey yet. After a survey you might find there is no discrepancy.

 

Without a survey, you cannot say that a particular fence line is wrong.

Your first step is to get a proper survey and have the boundary pegged.
Marg