Constructing a Shed in the back yard, attaching it to neighbours wall

If the wall was over 15 years old before it was pulled down, then your neighbour would have had possessory rights to the land on the other side of the wall. If you try to reclaim the land, then you may be in for a fight if your neighbour is cluey about title laws and adverse possession.

I have seen you state in another thread (i think it was about chopping down a neighbours tree) that if a permit says something then you have to do it. That is not always true with title law. A permit can say you can build on the boundary, but if possessory rights exist in your neighbours favour, then you cannot. Council dont examine possessory rights, that is up to the landowners to sort out.

 

Wall is my property and it's my wall. but neighbour recently screwed her shed to my property.

 

Absolutely. Just be mindful, that when you go to put a new fence up, or if your permit says you can build your dwelling on the boundary, dont assume you can. Your neighbour may have possessory rights to the land that was on the other side of the wall (probably will if the wall was old), so your right to that land has been extinguished. To be safe, only build, or replace the fence, up to the line of where the old wall was, unless you get written agreement from your neighbour.

 

The shed I was referring was build 7 Years, the fence was removed to build a shed.

 

It was built 7 years ago. and. the fence was removed by the neighbour without my consent and, I more worried about the unsafe constructions.

 

Council may find her structure is illegally constructed. If its within XX of a boundary and exceeds a certain height there is a setback.
I would call council and advise it hinders your approved building works and need urgent site review. Pretty stupid act to screw or attach any temporary structure to a neighbours walls unless its permit approved to do so. Makes councils job easy and they will likely order it be removed. If she wants a new shed she will need to seek a permit and follow process. Or get a new one and use the setback with no permit.

Do I need a permit for a shed in Victoria?
Shed permits are necessary if the structure applies to any of the following:

• More than 2.4m in height, or
• Closer than 1m to a boundary, or
• Attached to another building or structure

You seem to have a trifecta.

 

When we ordered a Dilapidation Report. Inspector was not allowed to neighbouring property.

Inspectors had to use a ladder to take photos of both sides of the property and found the screws to our property.

We are writing to the council and asking them for any permits were issued to screw the structures to our property without our consent.

We believe there an easement as well. where the sewage plumbing is.

Paul, your three points is what our lawyer has mentioned as well.

fingers crossed, let's see what happens.

 

Replies in bold

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This thread has been a disaster from the start, even the title is misleading compared to your issue.
You seem to be well aware that the neighbors shed/structure is illegal and on your property, if the neighbor wants to claim the land then ask for their copy of their adverse possesion claim and purchase documents proving the shed was there 25yrs ago (as you have aerial photography and a land survey to prove otherwise).
It could have been so easily fixed by asking the neighbor to remove the structure placed over the boundary onto your property, you could easily have included a copy of the survey to prove this.
Now that you have demolished your shed wall you have created a safety issue also.
Who is running this project ?
You do seem quite good at finance and holding development's.
How many development's is this for you now ?
I hope you find a suitable outcome.

 

I wish my neighbour was easy to talk to.

That's the reason, I have to involve legal professionals.

I am still learning. This is the first time, I have come across this problem.

 

Yes there is often new challenges, the more projects you do the more odd the obstacles will become

 

If the shed was illegally built I don't see why you would pay for fixing the shed for any reason other than goodwill. Like paul said it is too close to the boundary, too tall, and attached to your building (without any formal arrangement with you). If anything you should be asking council or personally initiating action to have the shed removed.