Fence line issue with neighbour

Discussion in 'Legal Issues' started by MissP, 16th Mar, 2017.

Join Australia's most dynamic and respected property investment community
Tags:
  1. MissP

    MissP Well-Known Member

    Joined:
    14th Mar, 2016
    Posts:
    57
    Location:
    sydney
    @bmc
    I find out the neighbour has done a survey for their renovation submission to council.
    But they are not willing to share the report with me. They said due to legal reason they cannot share the report with me. I manage to download the survey plans from council DA website but not the report.

    They have submitted for tribunal hearing. But did not respond to my requests for the report. In reverse they have asked for a copy of my survey.

    Are they obliged to share the report with me if it says the fence is over for me to agree?

    If a survey is done. Can surveys be wrong?
    I don't know if their survey is wrong or right as I haven't seen the report.
    Would I need to get my own survey done??
     
  2. wylie

    wylie Moderator Staff Member

    Joined:
    18th Jun, 2015
    Posts:
    13,934
    Location:
    Brisbane
    We had a property surveyed recently when we realised our fence was not in the right place. The neighbour threatened adverse possession, but not initially. They tried nicely to ask if we'd give them the corner, then they got nasty with the texts and calls. And then the adverse possession threat. It's all gone quiet now, thank goodness.

    We had the block surveyed as a first step before speaking with them. We didn't want to flag an issue if there was no issue. Once he knew the fence was in the wrong position, he told us he legally had to give a copy to the neighbours. I'm guessing that meant all three neighbours, but I'm not sure.

    I wonder if the rules differ in each state.
     
  3. MissP

    MissP Well-Known Member

    Joined:
    14th Mar, 2016
    Posts:
    57
    Location:
    sydney
    Sounds nasty.. I hope it works out in your favour.
    I understand how stressful it can be..
     
  4. wylie

    wylie Moderator Staff Member

    Joined:
    18th Jun, 2015
    Posts:
    13,934
    Location:
    Brisbane
    Thank you. Why not call a local surveyor and ask if you would expect to receive a copy of a survey in the circumstances?
     
  5. MissP

    MissP Well-Known Member

    Joined:
    14th Mar, 2016
    Posts:
    57
    Location:
    sydney
    Thanks. Will check this tomorrow.
     
  6. Joynz

    Joynz Well-Known Member

    Joined:
    5th Apr, 2016
    Posts:
    5,751
    Location:
    Melbourne
    If the fence has been in position for 30 years, then I would not be realigning it. I would insist the new fence is built where the old fence was.

    And I would let the neighbours know I was considering adverse possession - even if you are not! It can be claimed after approximately 15 years in Vic, and less in some other states.

    As a previous poster said, take good photos to show the current position of the fence.

    Maybe include a tape measure photo from house to existing fence so the distance is clearly shown.
     
    MissP likes this.
  7. MissP

    MissP Well-Known Member

    Joined:
    14th Mar, 2016
    Posts:
    57
    Location:
    sydney
    Thank you.
    How do you double like this post =)
    This is how I feel about the situation. I am the 4th owner/neighbour in the 30 years.
    They had all this time to realign the fence but chose now.. why not 10 or even 20 years ago.
     
  8. Joynz

    Joynz Well-Known Member

    Joined:
    5th Apr, 2016
    Posts:
    5,751
    Location:
    Melbourne
    Probably no one else was willing to change it either!

    Edit: removed link.
     
    Last edited: 29th May, 2017
    MissP likes this.
  9. Archaon

    Archaon Well-Known Member

    Joined:
    20th Mar, 2017
    Posts:
    1,896
    Location:
    Newcastle
    "Under New South Wales law relating to Torrens land you cannot make an application for possessory title to part of a lot."

    Wouldn't this shoot it out of the water?
     
    bmc likes this.
  10. dabbler

    dabbler Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    8,572
    Location:
    Sid en e - olympic city

    They pay for their survey, it is theirs.

    You pay for your own if you want one or dispute what theirs says.

    From your questions, you need your own survey and explanation from whom you pay.

    Ignore adverse possession is not relevant at all , you are dealing with a common fence issue.
     
    bmc likes this.
  11. dabbler

    dabbler Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    8,572
    Location:
    Sid en e - olympic city
    irrelevant.
     
    wylie likes this.
  12. Joynz

    Joynz Well-Known Member

    Joined:
    5th Apr, 2016
    Posts:
    5,751
    Location:
    Melbourne
    I disagree. They are wanting the fence realigned to a boundary that hasn't been used for 30 years and being bullying into the bargain.

    They are not being reasonable at all.

    The cost of claiming adverse possession might not be worth it in the end, but it is good to have in the back pocket.
     
  13. Joynz

    Joynz Well-Known Member

    Joined:
    5th Apr, 2016
    Posts:
    5,751
    Location:
    Melbourne
  14. dabbler

    dabbler Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    8,572
    Location:
    Sid en e - olympic city
    Sorry, your wrong, how many times have you done this ?

    How many times has anyone done this ?

    Many people show ignorance, if you buy a place with buildings and fences in the wrong place cause you could not be bothered doing proper checks and surveys when buying, does not mean you can take someones land,



    Fence can be put where it legally should be, no point arguing the toss, but is the OPs money if they want to play silly buggers.
     
  15. Archaon

    Archaon Well-Known Member

    Joined:
    20th Mar, 2017
    Posts:
    1,896
    Location:
    Newcastle
    Is a parcel of land a full lot or part of a lot, as the previous link has it stated in black and white that a part of a lot can not be obtained by adverse possession.

    *Shrug*
     
  16. Joynz

    Joynz Well-Known Member

    Joined:
    5th Apr, 2016
    Posts:
    5,751
    Location:
    Melbourne
    I would follow the Registrar General.
     
    MissP likes this.
  17. Archaon

    Archaon Well-Known Member

    Joined:
    20th Mar, 2017
    Posts:
    1,896
    Location:
    Newcastle
    I'd probably goto a Property Lawyer
     
    wylie, MissP and Joynz like this.
  18. dabbler

    dabbler Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    8,572
    Location:
    Sid en e - olympic city
    OP, speak to a surveyor, look up dividing fences act and rules etc, you are being unreasonable if you won't accept where your boundaries are if 2 surveyors come to a similar/same conclusion.

    Remove the emotion, seek the facts, so you can act accordingly.


    It is all a nonsense, geez people know how to get sidetracked, it is like going to Coles to complain about a dishwasher you bought at Harvey Normans.
     
    bunkai likes this.
  19. Archaon

    Archaon Well-Known Member

    Joined:
    20th Mar, 2017
    Posts:
    1,896
    Location:
    Newcastle
    But what if the detergent you've been buying at Coles for 30 years has been saying it's dishwasher safe, but ends up damaging your dishwasher?
     
  20. dabbler

    dabbler Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    8,572
    Location:
    Sid en e - olympic city
    I would check with Ghostbusters
     

Buy Property Interstate WITHOUT Dropping $15k On Buyers Agents Each Time! Helping People Achieve PASSIVE INCOME Using Our Unique Data-Driven System, So You Can Confidently Buy Top 5% Growth & Cashflow Property, Anywhere In Australia