Fence line issue with neighbour

I would sue the company that provides a 3 year warranty cause it broke down 30 years later, makes sense huh ? Sometimes 1+1 = 6 apparently

I think we should get @datto in here to tell us how they resolve such things out West, pistols perhaps ? (although I won't laugh too much, as fences often end up in violence when is long running dispute)

 

Am looking into this but want to know my rights..
I will get a survey done to mark where the fence should be.

Does an easement for overhang (benefiting me), have any impact on this?

 

Not sure about NSW, but my understanding is that it is not that uncommon.

It is not helpful for the OP (sorry) but it is interesting that in 2014, the law in Vic was changed so claims for adverse possession can now be made under the Fences Act in the Magistrates' Court of Victoria in response to a fencing notice.

 

An easement for overhang is a registered under my title.

I found this while searching..

• Easement for overhanging structure or encroaching structure

Perhaps part of the structure on your land overhangs your neighbours land and encroaches on your neighbours land. Rather than remove the overhanging or encroaching structure, your neighbour may be willing to transfer to you an easement over a part of your neighbour's land to permit the overhanging or encroaching structure to remain. Once such an easement is granted, the owner of the burdened land cannot require the overhanging or encroaching structure to be removed.

Question: Is a fence defined as a structure (or is that just buildings)

 

An easement is not a boundary.

I do not have the plans. Your surveyor will also look at this and can explain exactly the case with your block, they can help by advising if they agree with the neighbors claims or if they reject what they are saying. They can tell you what the easement is for and where it is if you need to know that, they will help you.

If you end up in court, your survey and surveyor will help.

At least then you know where you stand and where too next.

 

What does your easement say and specify ?

A fence is not usually a building, unless say a brick wall of house forms part of the fence.

 

There is 2 easement benefiting me on title
1. Easement for overhang appurtenant
2. Easement for support appurtenant

Does this change anything?

 

I do not know Joynz, I am not aware of many people dealing with common fence issues this way & I am not too worried to start looking either.

I think these things are like working on a car.

You have a problem, so you follow the manual and procedure for that problem....

Step 1 do A
Step 2 do B
Step 3 if the A next door keeps P ing on you, then you S on them the legal way. Or other effective method
Step 4 confirm problem solved.
Step 5 move out because now the A next door has all day to sabotage you and your lifestyle over some petty issue

 

I dunno, do you now feel you can have a confident argument of your position and facts on where things stand and able to go to court with this info ?

I am not sure you u do not just seek proper help, your not going to solve this on a forum with us, the guy next door ain't gonna give up it seems to me if he has driven multiple people away already.

Sorry, not being harsh, but you really need to find this stuff out and only one way to do it. We could all say anything here, you still have to deal with them, I do not think they will take forum comments on board (nor should they).

PS sounds like your just back to the fence issue, for your own sanity, you need to find out where the fence is in relation to the boundary, and the buildings etc while your at it & I would prob do the other boundaries too, so you know.

 

In my contract of sales, there is an old survey showing the fence where it is currently and reports states fencing irregularities and no other encroachment.
I will get an updated survey with all boundaries mapped out.

Totally understand what you're saying..

At the end of the day.. I will still live next door to these dudes..
I do believe this neighbour has tried with other owners but they all up and left..

Reason for my post was
1. Hoping anyone with similar experience to advise
2. stress relief

I appreciate your help with this..

And thanks everyone for your advices/tips

 

Yeah, if old survey mentions irregularities, then those dudes may have a point, prob spoke to a few surveyors.

Yes, stress relief, you will feel much better once you get clarity from someone qualified.

You can ask the surveyor also to put some marks. or use some references that the neighbor cannot remove and wont get removed by fencing company, say like..... boundary is 1.2m from front of brick garage wall, boundary is 1m from rear of house brick work.....

That way you can do some of your own checks once new fence goes up, if it gets to that.

Still read up on the fencing act.

 

Yeah, I am not sure of specific laws, but I doubt they need to give a copy by law, but if you were arguing a point, it would make sense to show the other party what your surveyor found, I would not hand them a copy, you could be arming an idiot with info they do not understand, but I would share it with the other parties surveyor/solicitor, but at the end of the day, each party should get someone they choose to do own survey to see if both agree.

Re the pegs, yeah surveyors tell you it is illegal, police would not have a clue, they do not want to be involved in that & ask them (those that say it is a crime to remove) to show one person who has been prosecuted, I doubt you will find one

Would not let any of this bother me at all, people bicker and fight over the silliest things, trees and fences are classics, as are cars re parking etc, it is like being dragged into the chook pen, I have seen people do all sorts of things.

Let them do whatever they want to try, let it consume them. I would get on with life, your not going to gaol.

 

Is your lot benefitted or burdened by easement 1? Ie do you overhang the neighbour?

Easement 2 provides for support - is this a retaining wall that you have to maintain?

You'll need a priest with a different point of view for that.

 

@MissP
briefly.......
the survey submitted to council i would hasten to guess is a Level & Feature Survey (or Detail Survey). This type of survey is typically used for DA submission and or preliminary design. This type of survey will show levels structures, trees, window locations etc. A written report is not required for a survey like this. The boundary is typically shown diagrammatically and NO offsets from Walls to Boundary are shown. It will state this in the Notes or Disclaimer on the face of the plan. ie: Boundaries have not been defined. Boundary definition will require further investigation.
The plan is copyrighted to the surveyor but once submitted to council is generally displayed via the council website.

A Boundary Survey may include a Sketch and a written report signed by a Registered Surveyor. The sketch will typically show the lot title dimensions, easements, restrictions etc. it will note any significant structures adjacent to the subject property boundary. it may also show offsets (measurements) from the structure to the boundary. This report is a generally between the purchaser and the Surveyor. The Surveyor or the owner is not obliged to pass it on to third parties.

to make an informed comment on your predicament i would need to research all the documentation for your Lot via NSW Land and Property.

@dabbler has also offered some great advice, and as I stated in my first post, i would encourage you to contact your local Registered Land Surveyor before you take advice from some bush lawyers about adverse possession.

 

Why thanks, I forgot a Surveyor was here......there ya go.

 

According to my Land title, my lot benefits by easement 1 and 2.
For easement 1,
Ie. Yes Gutters + Wall overhang neighbours

For easement 2 provides for support - it is a brick wall.
This can be considered the fence for the front end of the property.

 

@bmc

Thank you for explaining the difference between the 2 surveys. This is very helpful - Thank you!
With lots of to-ing and fro-ing with neighbour dudes.
I have got a better understanding - they have not had a boundary survey done.. Only a Detail survey to submit to council for their renovations.

So all this time their proposed new fence was all assumed by neighbour dudes. Just where they think it should go.

Neighbour dudes said they will be getting a boundary survey done now..
And in turn i will get my done..

Seriously their stories, demands changes each time we speak.
In an email from them in the recent past - they were willing to save money and reuse the timber for the fence to be rebuild, in their proposed position (which had no boundary survey backing).
But now they want a total rebuild, as the fence is totally dilapidated, according to them. I can see apart from the few planks, which can easily be replaced. The current fence is still doing its job.
Now the demand is .. for the new fence to be built, once the surveys are done in the new position with supporting brickworks. As the street slopes down towards neighbours land. And she they want new fence and go with their newly renovated place.

If they want a new fence, do I need to pay half for a new fence if I don't agree with them.
From what I can see the fence is repairable..

The front end of the house, one side of the house wall acts as the fence..
so only a small fence is required, about 4 metres, for the rest of the property.