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Neighbour encroaching on my development - potential legal issues?

Discussion in 'Legal Issues' started by hematite, 11th Aug, 2016.

  1. hematite

    hematite Well-Known Member

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    Australia
    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.
     
  2. Terry_w

    Terry_w Solicitor, Finance Broker, CTA Business Member

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    Yes many issues - seek legal advice asap
     
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  3. Azazel

    Azazel Well-Known Member

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    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.
     
  4. hematite

    hematite Well-Known Member

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

    JDM Well-Known Member

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    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.
     
  6. Scott No Mates

    Scott No Mates Well-Known Member

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    A well directed low-loader may fix the problem.
     
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