My backyard belongs to.......not me!!

Discussion in 'Legal Issues' started by AnthonyM1976, 11th Sep, 2020.

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  1. AnthonyM1976

    AnthonyM1976 New Member

    Joined:
    11th Sep, 2020
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    Location:
    Gunnedah
    Hello everyone, I need some advice.
    4 years ago I started a lengthy process to rezone my own backyard (about 300 square meters of it) under a possessory title process. I discovered that approximately half of my backyard was still zoned as crown land when I submitted a DA for a pool. Long story, but about 20 to 30 years ago prior to myself owning the property, a natural gully was re-engineered and my backyard was extended, permanent fence built and a large shed erected. None of this was discovered during the conveyancing process. And visually it appears the fence and shed has been there a long time - at least 20 years, probably longer.
    4 years ago I had council approve the re-zoning in principle, but they did not know how to go about fixing it. So I have embarked on a long and expensive process to fix it through local solicitor, to the tune of around $20k.
    Now that I am at the end of that process my plan is to approach council to reimburse my costs. My understanding is that the land should have been re-zoned as part of the engineering works at the time.
    Has anyone experienced anything like this or could offer any advice?
     
  2. Mark F

    Mark F Well-Known Member

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    29th Jan, 2020
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    Location:
    Canberra
    I'm confused. I would have thought that Crown Land just means the land is owned by the State and the zoning is just an overlay dictating the uses that the land could be put to. How was the crown land transferred to your (or previous owners) ownership - sale, lease, adverse possession?
     
    Joynz likes this.
  3. Firefly99

    Firefly99 Well-Known Member

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    24th Jul, 2020
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    Location:
    Qld
    What was on the title when you purchased the property? If you have claimed the land through adverse possession then I would think the legal costs are your responsibility. It’s a very strange situation you’re in!
     
  4. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    possessory title - what makes the council liable to reimburse you costs?
     
    Anthony416 and Paul@PAS like this.

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