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Neighbour building on our wall

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MathildaM View Drop Down
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Joined: 25/January/2017
Location: Australia
Posts: 1
  Quote MathildaM Quote  Post ReplyReply Direct Link To This Post Topic: Neighbour building on our wall
    Posted: 25/January/2017 at 15:46
Hello

We built a wall 50 mm off the boundary under an approved DA with the boundary confirmed by a surveyor. Our neighbour, who we have a good relationship with, wants to build outdoor seating onto the wall, which would go over the boundary and affix to our wall. It will be a small structure, but a structure nonetheless. They also want to build decking to meet the wall. (this worries us about water run-off pooling)

Does it matter as long as the building is done well and doesn't affect the wall in any way? Given our DA stated we had to be 50 mm off the boundary, it isn't land that we can use, so in practicality does it matter. My understanding is they cannot claim ownership over the land in time as they aren't occupying the bulk of our property.

However, whilst we like our neighbours, they may sell or we might sell at some point in the future. If we sell and a prospective buyer has a survey done and they see an outdoor seating bench and decking across the boundary and attached to our wall, could there be any issues?

I would appreciate any advice on any implications of this and thank you in advance.

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