Neighbour encroaching on my development - potential legal issues?

I have had a boundary survey done and found that my neighbour encroaches on the common property area of my development. The encroaching part of the house is some of the roof timber/and a whole length of guttering along a boundary wall.

If left as-is, will this potentially cause issues when I try to sell the property (if I chose to) or try to rent it out? Or any potential liability issues?

What is the best way to manage this? Ideally I want to work it out amicably with the neighbour, but don't want it to impact my legal position.

 

Yes many issues - seek legal advice asap

 

Amicability (?) should be your least concern.
There have been cases where a boundary has been established by time (you no complain, they get the disputed territory).
You probably need to get a surveyor to confirm the true boundary and a lawyer. Contact council, couldn't hurt either.

 

Thanks. Surveyor has already confirmed the boundary. Ill ask council.

 

Definitely time to seek legal advice. This answer to your problem will also depend on the State the property is located in.

In Queensland the Court has broad powers to make orders to rectify an encroachment including compensation, conveyance of the parcel of land with the encroachment or removal of the encroaching structure. It is likely similar in other States.

 

A well directed low-loader may fix the problem.