Fencing bully

That's exactly, what I have mentioned to you. He took your land. you need legal help.

 

Paul is correct.

I am going through a similar issue.

The fence has to be in the same position as before.

 

The old fence line is more relevant than the title survey line if agreement cannot be reached between parties.

When purchasing new properties it is alway good to do a survey of existing fence lines and the actual title line as a fence does not need to be or easier moved back to title survey line. If anything the existing fence line is more important in regards to a fence dispute

 

even if survey showed that it is back on the right line it does not entitle them to remove old fence and put new one in on title line

 

best to do mediation but if cannot be done then you can choose to take them to court or be the aggressor and remove the fence (same thing they did) and they can take you to court. The judge is not going to look kindly on someone going straight to court without trying to mediate

Homepage | Dispute Settlement Centre of Victoria

Unfortunately this service cannot force your neighbour/builder to engage or make an enforcesable undertaking. They are mediators and if no outcome can be achieved you will need to take them to court (the bullies bank that you won't)

You are in the right as no fencing notice was served however don't expect anyone to help you e.g. council etc

 

this guy is unbelievable. I now find out he has removed the post my side gate was attached to so he could put this fence in the new position. However, my son has measured the side and I still have just over a mtr which still makes my house legal. On the other hand advice I have received is that even if it wasnt a metre, it wouldnt make my house illegal because of the fact that my house is existing and the original fence was in another position.

 

Time to look at your options
Likely a survey to prove where your title boundary is, and then lawyer up

 

This is exactly what I am saying from the start.

"Pennywise pound foolish", Don't worry about the cost of the fence.

You lost land forever. It could be worth, a few million in the future.

Get a lawyer and make sure you get the costs from another side, once you win the case.

Do you have old photos?

Get aerial shots from the google earth desktop pro.

 

Are you renting the property your self, or do you have an agent?

1) You would have surely received the fencing notice.
2) Builder might be have done a re-establishment survey done. Usually, it's done in the planning process. so architects can make sure set back are done correctly.

and Builder might be following the rules.

If you are taking this legally, so, please let us know the complete facts.

 

As discussed by a number of posters above, it sounds like the builder has pulled the fence down and then replaced on the title boundary. In the process you may have lost land that you previously had possessory rights over.

I wouldnt be doing a land survey of the property just yet. You can look for marks on the ground such as rivets in the footpath, or pegs in the ground, or nails in the fence. Surveyors place these marks generally on the title boundary, or at 1m offset from the boundary.

You may be able to get a copy of the title re-establishment survey from the owner/builder (but note they dont have to give it to you if they dont want to), or you can look up their planning application and it should show the original title re-establishment, feature and level plan, or if it wasn't a subdivision there 'could' be a Record of Title Re-establishment online, ask a surveyor to look for you. Each of the plans above should show the title boundary/fencing relationship, so you can see what the difference was between the old fence position and the title boundary.

Without a plan showing the old fence position vs title boundary, to reclaim your rights and put the fence back where it was may be difficult. You should definitely be speaking to a legal practitioner that specialises in adverse possession, as this is a specialised area of law. We work with a few. Happy to send you their details via PM.