Boundary line issue

Discussion in 'Legal Issues' started by youngy, 20th Mar, 2016.

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  1. youngy

    youngy Member

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    So what do you thinks fair?
     
    youngy, 20th Mar, 2016
    #21
  2. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    neither side should be encroaching.
     
    Terry_w, 20th Mar, 2016
    #22
  3. bob shovel

    bob shovel Well-Known Member

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    First in first serve I believe. Or is there a Xyears rule then it's yours if you've encroached?
     
    bob shovel, 20th Mar, 2016
    #23
  4. Westminster

    Westminster Tigress at Tiger Developments Business Member

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    If the previous owner of your property never did anything about it when the fence was built (by whom??) then the land may technically now belong to your neighbour due to Adverse Possession.
    The adverse possession thingys vary from state to state.
    Talk to your local council as first start.
     
    Westminster, 20th Mar, 2016
    #24
  5. MACC

    MACC Member

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    Hi Youngy,

    An easement is a right over a parcel of land. You cannot build over an easement area (if you do and the person who the easement benefits wants to use this you will have to remove anything placed in this area at your own cost. The best thing you can do is to look at your title plan and see what is shown in this. Just because there is a parcel of land between your boundary and your neighbours does not give either party a right to this. As a surveyor, I would suggest firstly that you locate your boundary pegs, if you cannot do this, get in touch with a local company and have a boundary survey carried out. This will cost you approx $1500 and will show you exactly where you can build to. The plan that they provide should show any easements over your title. Don't be too reliant on mapping databases, these are good enough for a rough idea but are prone to errors. At the end of the day all legal holding is in your title.

    Hope this helps.
     
    MACC, 22nd Mar, 2016
    #25
  6. MACC

    MACC Member

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    Adverse possession will only occur when a claim is made and approved by the state land council. In order to prove this the party applying has to prove that they have been occupying this section of land for whatever time period is stated under that States law for Adverse possession. If this is in fact council land good luck - in New Zealand you need to prove 80 years of occupation and this cannot be passed down through generations i.e. you would need the title in your name at birth to have a claim heard at age 80.
     
    MACC, 22nd Mar, 2016
    #26
  7. dabbler

    dabbler Well-Known Member

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    No, fence goes on boundary, why would you think anyone would be ok with you trying to gain extra land ?
     
    dabbler, 22nd Mar, 2016
    #27
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