boundary realignment.

Discussion in 'Legal Issues' started by Gilad., 28th Jun, 2017.

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  1. Gilad.

    Gilad. Member

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    two years ago i bought a house on 1530 sqm block of land . the house was built in 1980 and changed 7 owners since then. recently i called my city council to inquire about subdivision of my property , i was told that i could subdivide into 2 or maybe 3 lots but there is a little issue - it seems on the maps that my house is located on some of my neighbor's property - according to their maps the boundary cuts my garage, kitchen and swimming pool in the middle. also the neighbor's house changed owners about 4 times since the 80's. i obviously used conveyancing services to do all the legal checks before purchasing. i really can't understand how could this property sold and change owners for 40 years without anyone notice - especially the city council. i was told by the city planner office that i need to submit for boundary realignment to correct my boundary.
    i was wondering what can happen when the neighbor find out and can he claim anything after nearly 40 years that my house exist where it is.
     
  2. Terry_w

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

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    He could ask you to move your house over a bit.

    Look into adverse possession.
    (i am not a property lawyer so get proper legal advice)
     
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  3. bmc

    bmc Well-Known Member

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    @Gilad.
    when you say "the maps" what are you refering to, a survey Deposited Plan, Surveyors Report etc ?
    I' m not sure what "Maps" the city planner was viewing but if it was a GIS database they are often inaccurate and are approximate only.

    Consult your local Land Surveyor. (I cant understand why the "city planner" didn't advise you of this)
    A Surveyor can advise you on your options.
    • maybe a boundary realignment is possible, but expect a considerable cost to compensate the neighbour.
    • another option may the creation of an easement to "permit existing structure to remain" the boundary position will remain in place but with an easement over the adjoining property benefiting you.
    • if your lot is Torrens title (that is not old system title) it is unlikely to obtain Adverse Possession. Even it it was a possibilty the legal fees will be enormous.
    however i am a NSW Land Surveyor and the laws associated with this are different in each state.
     
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  4. Gockie

    Gockie Fully vaxxed Premium Member

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  5. Marg4000

    Marg4000 Well-Known Member

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    You need to engage a surveyor to discover exactly where the boundaries of your property are.
    Marg
     
  6. Scott No Mates

    Scott No Mates Well-Known Member

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    A spiritual healer may also help on the possession front.

    (I am not a spiritualist or a representative of an organised congregation).
     
  7. Gilad.

    Gilad. Member

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  8. Gilad.

    Gilad. Member

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    thanks.
     
  9. Gilad.

    Gilad. Member

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    thank you, i did and he's going to survey both properties and we'll go from there.
     
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  10. Gilad.

    Gilad. Member

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  11. Gilad.

    Gilad. Member

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    thank you for your reply and information. im about to use surveyor to survey both properties and do his investigation . i will update when things are getting clearer.
     
  12. Gilad.

    Gilad. Member

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