Nature strip is on my land

Discussion in 'Legal Issues' started by spludgey, 8th Nov, 2019.

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  1. spludgey

    spludgey Well-Known Member

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    Now this isn't a legal issue (at least for the time being), but I thought this is probably the forum it fits into best.
    It seems that I'm in the peculiar situation that my land actually runs up right to the road and the nature strip isn't council owned, like in most instances.

    Does anyone have any experience about this? Is there anything I have to consider? Can I set up a footpath and charge a toll? ;)

    upload_2019-11-8_7-51-18.png

    And yes, I do like solar panels.
     
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  2. Brady

    Brady Well-Known Member

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    Is your property also over 2 blocks? Are you sure this is correct borders?
     
  3. Marg4000

    Marg4000 Well-Known Member

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    What site did this picture come from?
    From that photo you also own a corner of your neighbour’s driveway?

    The only certain way to establish your land boundaries is to have a survey done.
     
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  4. Paul@PFI

    [email protected] Tax Accounting + SMSF Business Plus Member

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    There would a Right of Way to / from a roadway and other adjoining land. This aspect of law is very old common law. Councils invoke their power for this all the time when owners think they can mark-off and restrict people crossing "their land" or use it in ways council dont agree (eg a real estate agency sign that is not within the property boundary.) The Local Govt Act in NSW governs council powers in this area.

    Our lot has same. Our council consents only allow us to use the land from an alignment basically x meters from the curb and that where the water meters are as I recall. Nothing forward of a meter is allowed excepting council agree trees etc. Try putting down astro turf or a garden or a pole etc and council could order it removed.

    Councils will also have a policy on nature strips - They are public land (usually) and usually associated with a roadway. They are expected to be maintained. Sometimes they are also common land in a strata registered community. But still considered public land.

    https://www.thehills.nsw.gov.au/fil...s/fact_sheet_-_nature_strip_encroachments.pdf
     
  5. spludgey

    spludgey Well-Known Member

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    Yes, the borders are correct, I've checked multiple sources. The second line shows the high voltage power easement over the block (you can just see them in the picture).

    Yep, I'm aware of the driveway issue. Haven't done anything about it though.

    Thanks for the info. The land used to actually be in the Hills council, but is now Parramatta council.
    I don't think that what you linked sounds right for my nature strip though. It starts with "Nature Strips (or verges) are public land". That's seemingly not the case here. It might be public access, but it's private land, isn't it?
    The weird thing is also that this only seems to happen on one side of my street and not anywhere around it.

    I've planted my own trees on the nature strip and so have quite a few neighbours. The council hasn't mentioned it and they've been out a number of times recently.
     
  6. Paul@PFI

    [email protected] Tax Accounting + SMSF Business Plus Member

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    If the trees are OK they wont make a fuss. Encouraged even. Council will bring free trees on request and plant them. Plant a fig and watch them mulch it.

    Ask council - Their town planer will know. You may be a legal owner doesnt mean its yours to use. This happens under powerlines for example.
     
  7. Brady

    Brady Well-Known Member

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    Partner planted some nice small trees/plants around council tree at rental - mulched it, looked nice.
    Council advised someone in the neighbourhood complained that they couldn't walk on the council strip
    She was advised had to remove or they would and she would be charged to remove!
    Reckon it was the neighbour after had him fork out for 1/2 the fence that was falling down
    There is no path near the tree, anyone walking there would have to move on the road anyway as there is a big tree...
     
  8. Scott No Mates

    Scott No Mates Well-Known Member

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    @spludgey - google maps etc are not mapping tools for survey purposes, boundaries are only indicative.

    Road reserve extends way past the kerb to include footpath and verges - you need to review the DP for the subdivision to view your actual plan of subdivision and the location/road boundary.

    It is unlikely that your property would extend to the kerbline.
     
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  9. Paul@PFI

    [email protected] Tax Accounting + SMSF Business Plus Member

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    Council will have a "tree policy". They really dont like DIY planting. I

    Nature strip : Street Tree Planting

    Trees on Public Land

    Council says
    In the interest of beautifying our streets Council will provide trees for the nature strip area. Residents are invited to participate in this program. Council will supply and plant the tree(s) which you have selected. The number of trees selected will be determined on site by Council's Arbor Team. Consideration will be given to such things as placement of services, vehicle sight distances, property width, corner block, potential growth dimensions, etc.

    What they mean.
    We ask you dont plant horrible and dangerous trees that will affect other people and make the area look bad. If we allowed that some idiot will plant a fig or ivy or even thorny plants. Some people will also plant toxic species like Oleander which could kill or injure someone.
     
  10. bmc

    bmc Well-Known Member

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    seems to be a little confusion here.

    you only own to the front boundary line, then the road reserve starts. the width of the road reserve can vary depending on its use etc. typically roads could be 6.095 wide (20ft) 10.06 wide (33ft) or 20.115 wide (66ft). boundary to boundary. relating back to the old Chain measurement days. 1 chain = 66ft or 20.115m

    now the width of the nature strip, pathway (whatever you want to call it) can vary. in the olde days most pathways (nature strips were 3.66 wide (12ft). the location of the bitumen, cobblestone, pavers, bridge, timber blocks and the kerb and gutter can be constructed anywhere in the road reserve but usually centered (to a degree). in the old days the kerbs were aligned to the boundary. nowdays it is usually just approximate. (Surveyors can use the old kerbs to assist with boundary definition)

    if you are using google maps to locate your boundary. good luck and lawyer up.
    ;)

    kind regards,
    Land Surveyor
     
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  11. Scott No Mates

    Scott No Mates Well-Known Member

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    upload_2019-11-8_16-16-48.png


    @spludgey the orange line (which you note is the easement) runs over the house - the house should not sit within the easement.

    Likewise the front boundary is more likely to be at the front of your plantings not the kerb line.
     
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  12. bmc

    bmc Well-Known Member

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    i'm assuming @spludgey has allowed for the adjustment to GDA2020.

    as you know GDA2020 is based on a realisation of the ITRF2014 at epoch 2020.0, or 1 January 2020. This means the coordinates in Australia are projected forward to the date of 1 January 2020.

    The Geocentric Datum of Australia 1994 (GDA94) was based on the realisation of ITRF1992 at epoch 1994.0, or 1 January 1994. Since then due to plate tectonic motion, Australia has moved ~7 cm per year. As a result GDA94 coordinates have continued to diverge from ITRF92 coordinates. By 2020, the difference will be approximately 1.8 metres.
     
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  13. Scott No Mates

    Scott No Mates Well-Known Member

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    So the polar ice caps aren't melting, Gillian is just moving the markers.
     
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  14. bmc

    bmc Well-Known Member

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    i hope not,
    otherwise the little coffee shop in Haberfield rowers will go under
     
  15. Scott No Mates

    Scott No Mates Well-Known Member

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    Did you mention coffee? I'll need to suss it out on my next trip around the bay.
     
  16. Paul@PFI

    [email protected] Tax Accounting + SMSF Business Plus Member

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    But if we are riding the plate havent we all just shifted so its all relative ? So everyone - all at once we moved Australia 7cm to the left. (or right or whatever?). No wonder its getting warmer....The whole country is moving west. (Dont tell those in the Eastern Suburbs.) :eek:
     
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  17. bmc

    bmc Well-Known Member

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    data from GNSS is referenced to a global reference frame,
    or "International Terrestrial Reference Frame"

    have all the GIS database adjusted for this shift in coordinates ?
    most likely, but aside from that you can't rely on cadastre overlays for boundary positioning, it's only indicative.

    btw, we have moved to the northeast
    so in another 50 years you might qualify for a new school catchment :confused:
     
  18. Scott No Mates

    Scott No Mates Well-Known Member

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    Scotland Island or Lion Island?

    No point being on Wedding Cake Island - it'll have been lost except for at dead low tide.
     
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  19. bmc

    bmc Well-Known Member

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    no room to fit all of the range rovers
     
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  20. ShireBoy

    ShireBoy Well-Known Member

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    I thought (generally) that everything in front of your letterbox is council property. Yes, you have to maintain that strip of land yourself, but it's not actually "yours".