Boundary line issue

Hi People ,

I came to this forum looking for some advice before i seek it legally.

I am looking to put a new fence in on my PPor.

The issue is there is a roughly 1m easement between my boundary line and next door boundary line.

The fence has been originally put on my boundary line so next door get the whole use of the easment land and have established gardens, and a deck now on it.

If i was to replace the fence wouldnt it be fair to put the fence in the middle of the easment??

Legally shouldnt we both get half use of the easment?

Appreciate some help from people and look forward to learning more on the forum.

 

Is it an easement or crown land?

May be a case of first in first serve. I'm no expert though. Sounds like the neighbours have staked a claim on it!

 

If the neighbour was to move the fence to the middle they would have to remove a bit of there front entrance brick fence and their deck aswell so it would def cause a dispute.

But they are at the end of there years and im at the start of mine and need the extra space if legally i was entitled.

 

Yes thats right they have staked there claim on it many many years ago before when previous people where there.

But legally it isnt there land nor is it mine. So thinking the fairest way would be to put it in the middle

 

What is the easment for? If it for underground services it may not even be practical to put fence posts in the middle.

Regardless I'm not sure I would want to fall out with my neighbours over 50cm.

 

What type of easement is it?
Generally easements don't create a grey area of no ownership. They are included in the ownership of one lot or the other.

After a certain amount of time most states have something called adverse possession which makes it the property of the person who is in possession of it.

 

I know nothing about this area of law, but would have thought that the fence should go on your boundary.

 

Would you get a survey done and photograph the pegs before anyone can remove them. It is possible that both you and the neighbours are misguided.

 

The easment is for a drain.

So legally if everything was all legit there would be two fences, one for my boundary and one for theres and no one would get there land.

But the original fence needs replacing soon so i though it would be fair to put it in the middle

 

I have looked up both block outlines on advanced mapping on allhomes and the boundary lines with easment are clearly shown

 

Yes the fence is currnetly on my line.

But when i replce the fence why is it fair that they get an extra of 1m of land from there line?
I would of thought a fair split through the middle.

Just asking here to see if anyone knew

 

I could be wrong, but if its a drain, a fence or anything else built over it might impede access when it might be required in the future for major sewage repairs?

 

Cant see an issue as they have built there brick front fence over it and also there deck and garden beds.

 

Possibly shouldn't have depending on the council. We have a sewer main near our property and we couldn't build a retaining wall over it, it had to be set back.

 

Apparentlt the council have said you can build on it and they will never need to acess it.

Just a bit of a funny one.

 

Is this off google maps?
Go to the dial before you dig website. Sounds more like crown land

 

So there is a gap between the 2 boundary lines on the mapping?

Sorry for the 20 questions, just that easement might not be the right term for this situation. There are 2 types of easement - easements of burden (where you can't do stuff) and easements of benefit (where you gain rights or something). Both should be listed on your title

 

Yes there is on adavanced mapping you can clearly see it. The 1m gap or easment is for a gutter in the road/draingage. Stand out the front you can see the gutter on the side of the road.

Just wondering over the years how they decided to put to the fence on my side when fairyl it should of been in the middle.

The house across the road is in exactly the same issue the drain runs though there aswell and the fence line is on the neighbours boundary in line with me.

The house was built 100 years ago so maybe thats just how they did it.

But the issue has bow arised because i wont to replace the fence and this home will be mine for a very long time ao need to get it right

 

This is off allhomes advanced mapping and parcel information

 

It is probably crown land with the neighbours encroaching.