boundary wall

Discussion in 'Legal Issues' started by Elives, 3rd Apr, 2017.

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  1. Elives

    Elives Well-Known Member

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    Hi all,

    next to a property i own they are building 15 units and today the builder had the surveyor on site who said that the boundary point is the yellow circle at bottom off wall

    because of this they are going to have to remove the existing brick wall and put in a timber fence, they have offered as they are removing the brick wall to replace it like for like but because of the boundary mark that their surveyor has done the new brick wall will now be moved further onto my land.

    My question is, is this normal? i thought because even if the wall was 50mm on their land that because it has been there for so many years that they would not be aloud to move it further onto my land?


    p.s this is in QLD


    upload_2017-4-3_17-53-26.png


    Cheers, Elives
     
  2. Stoffo

    Stoffo Well-Known Member

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    Honestly, l cant help.
    Would think that you need to reply with "please do not touch my property until l have my own surveying done"!
    Also, as you stated, its called adverse possession, though you need to lodge with council and be able to prove that.
    I dont blame you for questioning their ability to just demolish your current wall/fence/boundary...
     
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  3. Scott No Mates

    Scott No Mates Well-Known Member

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    It looks like the centreline of the common fence is where the mark has been made. The fence is 220 mm thick ie a double brick wall.

    Erecting a new fence on the boundary will free up about 100 mm on each side.
     
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  4. Elives

    Elives Well-Known Member

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    it frees up 100mm either side thereabouts using a timber fence i think what you are talking about? my issue is that i want to keep the brick wall as that same wall is the front of my property as well. this being said the new brick wall which they will reconstruct will then be further in my land by 100-200mm. does that make sense?
     
  5. Joynz

    Joynz Well-Known Member

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  6. Scott No Mates

    Scott No Mates Well-Known Member

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    The fence is half theirs, it is not all yours. They have no right to put the entire fence on your side of the boundary.

    There's clearly a nail in the circle.
     
  7. dabbler

    dabbler Well-Known Member

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    Looks like centre to me.

    If timber, should be centre of rail, so looks right.

    You can engage your own surveyor to check, otherwise your trusting whomever did that one.

    You cannot gain someones land just because it was built over by mistake, even years earlier, well not that I know of in Australia.
     
  8. Elives

    Elives Well-Known Member

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    they had a peg which had on it screw to concrete or something they just marked it for now, Yea well that was what i was trying to figure out because it has been there in that position for way over 12 years how does it work as i don't really want their timber fence on the correct boundary line and then the new (like for like) brick wall constructed 100-200mm into my land
     
  9. Elives

    Elives Well-Known Member

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    so what would now happen is the brick boundary wall will be removed a new timber fence will be constructed on the boundary line and then they will reconstruct like for like the brick wall on my side of the boundary fence (being now 100-200mm into my land) i want the new brick fence to remain exactly where it stands atm (i think roughly 50mm in there land)
     
  10. dabbler

    dabbler Well-Known Member

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    Your fence is not a squatter, all this talk of gaining someones land is a fantasy and not related all to this.

    What you do Elives, is you tell them they are not to touch or damage the fence at all. Take photos now, put your objection in writing & have them explain, via the surveyor himself as to if they believe the fence is in the wrong location.

    Contact the council.

    You may also find as part of the DA a requirement to put a new fence up regardless, that is ok if you agree, but you need to sort this position issue out.

    I think they may be having you on.
     
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  11. Elives

    Elives Well-Known Member

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    One of the earthmoving contractors have already damaged the brick wall the builder sent me a text message stating he will replace like for like towards end of development (fences normally get done towards end of development)

    as the land has a slope they are cutting into the land i think about 2-3m at the back slowly coming inwards towards the front. the brick wall is from front goes towards back about 4m then the fence type changes.

    with this the builder has said he will need to remove fence anyways as it will be to hard to work around when they are cutting in hard up on the boundary line which i thought was reasonable? as long as it was replaced like for like (as it is already damaged) and yes i will contact council to see what they think.

    Cheers, Elives
     
  12. Scott No Mates

    Scott No Mates Well-Known Member

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    A single brickwall without piers is unstable, you're dreaming if you think that they will build 2 fences or anything more than what is stated in the DA.

    If the existing fence is stable, you may be able to convince them that the brick wall does not require rebuilding as it sits midway on the boundary (it is not YOUR fence but a common fence), you could ask for $ for agreeing to not having to replace a section of the fence. Does the brick fence run the whole length of the boundary?

    No they cannot build the fence totally on your side of the boundary, it is not your fence.
     
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  13. dabbler

    dabbler Well-Known Member

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    If they damaged it already, that is why they are offering the same as a replacement.

    Be careful, I think they want to put one over your, esp if an IP and they aware your not there.

    You need to tell them, have the surveyor show you the markings & the back ups for when they knock this footing all over the place, and take some of your own references, or get your own survey.

    Be clear with them, the fence will not be placed wholly on your side, it will be centered over the boundary (as it appears to be now).

    If they do not like it, talk to the council, they can fix existing and then place own one wholly on their property if they want to be smart (would be my thinking), you do not want outright war, but you also can't be a doormat.
     
  14. dabbler

    dabbler Well-Known Member

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    Also, speak to the owner & builder, not the contractors, make sure you have some stuff written, and I would discuss with council anyway, so they are aware & they can also inform of requirements of DA regarding fencing.
     
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  15. wylie

    wylie Moderator Staff Member

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    Send a PM to Darryl @RPI - he is the man you need to speak with.

    I had a similar issue with a neighbour to an IP recently asking that I not put the fence on the boundary. She lost 2.5m of land (corner) she thought was hers. She asked me to leave the fence where it had been, asked to buy the 2.5m, got snarky, got quite nasty and then threatened adverse possession.

    Darryl helped me with sensible advice in a very stressful few weeks. I suspect she plans on trying for adverse possession, and if she does I will employ him to fight it.
     
  16. Handyandy

    Handyandy Well-Known Member

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    Wylie, really don't think it's anything to do with adverse possession or the like.

    In this case the OP has a brick fence which is a shared fence built on both sides of the boundary as it should be. The builder is trying to put one over by offering to build a replacement fence wholly on here side of the boundary line.

    I agree with dabbler in that the builder is just trying to put one over. More than likely there is a pretty new fence in the plans and the brick fence doesn't suit.
     
  17. wylie

    wylie Moderator Staff Member

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    I've just realised the photo is taken from the footpath and the midline of the brick fence seems to be the boundary. Which means the thick fence is sitting half in each block. Is that correct?

    (I answered earlier on my phone after looking at a tiny photo which I thought was a side fence, but now I think it is a front fence.)

    So, I'm guessing the builder wants to have the whole of the quite thick fence in your yard?

    I'd still message Darryl and ask his opinion.
     
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  18. Marg4000

    Marg4000 Well-Known Member

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    As I understand it....

    The developer wants a timber fence, clearly much thinner than a double brick fence. Timber fence to go on boundary.

    IF owner wants a double brick fence, developer prepared to reconstruct it on his land. Clearly developer needs every centimetre of land to meet required side clearances.

    I doubt the developer is legally required to permit the building of the double brick fence partly on his land if he doesn't want it, and if the timber fence on the correct boundary is locally appropriate.
    Marg