Join Australia's most dynamic and respected property investment community

Encroachment

Discussion in 'The Buying & Selling Process' started by johnpendlebury, 17th Jan, 2016.

  1. johnpendlebury

    johnpendlebury Well-Known Member

    Joined:
    18th Dec, 2015
    Posts:
    98
    Location:
    Adelaide
    I am interested in a property, the agent disclosed to me that the property i am interested in was recently surveyed and it encroaches onto the boundary of the neighbours property. My interpretation of the diagram is that the encroachment is 7cm.

    The Agent told me that its not an issue and that many properties have a small encroachment.

    Is this a big deal?
     
  2. rhinsor

    rhinsor Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    439
    Location:
    Perth
    What type and how old is the property?
     
  3. johnpendlebury

    johnpendlebury Well-Known Member

    Joined:
    18th Dec, 2015
    Posts:
    98
    Location:
    Adelaide
    its a residential home.

    guessing the house is 50-60yrs old with a new extension.
     
  4. CU@THETOP

    CU@THETOP Well-Known Member

    Joined:
    19th Jun, 2015
    Posts:
    227
    Location:
    Brisbane
    Agent is a lying sack of excrement. Your neighbour takes an issue with it then its WW3. Steer clear or substantial price reduction to compensate for future pain and suffering.
     
  5. johnpendlebury

    johnpendlebury Well-Known Member

    Joined:
    18th Dec, 2015
    Posts:
    98
    Location:
    Adelaide
    I see.

    It looks like the surveyance diagram i have was done in 2003, with no issue raised since then.

    so i guess the options would be:

    1. Buy the house and then:
    a) hope noone ever brings it up
    b) approach the neighbour and ask to buy that tiny bit of land off them

    2. Don't buy the house
     
  6. hobo

    hobo Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    425
    Location:
    FNQ
    What encroaches - the house, or a shed/garage, or just the fence?
     
  7. jrc

    jrc Well-Known Member

    Joined:
    20th Jun, 2015
    Posts:
    76
    Location:
    Regional NSW
    What is theencroachment? Is it the house or is it some guttering or is it a fence?

    Talk to your solicitor. Each state has different rules.
     
  8. johnpendlebury

    johnpendlebury Well-Known Member

    Joined:
    18th Dec, 2015
    Posts:
    98
    Location:
    Adelaide
    The surveying diagram picture thing i got given was from 2003, since then an extension has been put on.

    so really, I'm not sure what exactly is encroaching at this time.

    I think i'll submit a bid subject to review of encroachment and i'll get a solicitor to look over it if the bid is accepted.

    cheers
     
  9. bmc

    bmc Well-Known Member

    Joined:
    18th Oct, 2015
    Posts:
    49
    Location:
    Sydney
    You may need a new Survey Report, 2003 is not a recent survey. a lot can happen in 13 years. I see a lot of these recycled Survey Reports.
    If you are unclear of the survey maybe call the surveyor and ask him/her to explain the sketch.
    We try to make them as simple as possible so the layman can understand. but they can be ambiguous at times.

    some things I would investigate are;
    • Is the encroachment substantial. i.e. Main Wall of a dwelling.
    • was the extension approved by council
    • do you have a building compliance cert. (most councils will want a current survey report for this)
    • can it be removed.
    • will a bank lend for a property that has this issue ?
    as others have said consult a property lawyer and then weigh up your options and legal costs.
    your state (SA ?) should also have a 'encroaching building act'.
    if a court or parties decide the structure should remain In NSW there is a provision to create an easement for "Existing Structures to Remain" that is if the neighbour agrees, and you will need a few $$ thousand dollars in Survey Fees. + LPI lodgement etc.
     
    Terry_w likes this.
  10. johnpendlebury

    johnpendlebury Well-Known Member

    Joined:
    18th Dec, 2015
    Posts:
    98
    Location:
    Adelaide
    Thanks very much
     
  11. bob shovel

    bob shovel Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    5,383
    Location:
    Somewhere in the land of Oz
    You've either scored some land or lost some.

    If it's 40m deep you're +/- 3m2. I'd call Dennis denuto.

    Personally I don't think it's worth the head aches
     
  12. Hodge

    Hodge Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    514
    Location:
    Melbourne
    I've recently had a surveyor at my place and the side fence is 200mm out of line. Luckily it's to my advantage and I've always wondered why my driveway is soo wide!
     
  13. Scott No Mates

    Scott No Mates Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    5,573
    Location:
    Sydney or NSW or Australia
    The last one that I purchased has a survey dated 1932. It described the house as 'old'. Come 2015, it's still standing & still zero lot lined.
     
    Leo2413 likes this.
  14. bmc

    bmc Well-Known Member

    Joined:
    18th Oct, 2015
    Posts:
    49
    Location:
    Sydney
    Sounds like an old terrace or semi. the walls are typically shown on the DP with offsets to the boundary or usually noted as "north face of wall" or "centre of 9" Bk" etc.
    the lot boundary is defined by using what we call monuments (substantial walls or buildings).
    On some of these old buildings, a survey report can be relative straight forward or even seem irrelevant, however,

    I am subdividing the rear yard of a very old terrace in Surry Hills at the moment. Part of each adjoining boundary is defined by a common party wall, but, one previous owner about 15 years ago has built a brick garage at the rear lane (obviously without getting a surveyor) so i assume that the last property transfer did not get a survey (or they kept it quiet from the neighbour)
    as it stands it is over the adjoining lot and even worse over the lane. luckily it was planned to be demolished and a new house is to replace it.