Australia's leading provider of affordable DIY legal kits
Call our Customer Care Specialists on 1300 728 200

Legal Forum

Welcome to the FREE AussieLegal Forum

This FREE legal forum is supported by participating lawfirms in your local area.
The information contained in this public forum, and any comments made by the administrators, it's appointed mediators, or members of the public are of a general nature and may not be regarded as financial or legal advice in any way. We recommend that you seek formal advice from a practicing solicitor or licensed financial advisor regarding your particular situation. By registering to use this forum you meet the above criteria and agree to abide by all of the above rules and policies.

To be sure we provide you with the most relevant information to your state, please let us know which state you your legal matter resides in:


AussieLegal recommends this law firm:

VC Lawyers

Address:  Suite 4,45-47 Belmore Road, Randwick NSW

Phone:  02 9326 6314



  FAQ FAQ  Forum Search   Register Register  Login Login

Land Dispute Help

 Post Reply Post Reply
  Topic Search Topic Search  Topic Options Topic Options
Jarreddh View Drop Down

Joined: 03/May/2018
Location: Australia
Posts: 1
  Quote Jarreddh Quote  Post ReplyReply Direct Link To This Post Topic: Land Dispute Help
    Posted: 03/May/2018 at 19:12
Hi, So my girlfriend recently found out that the original property owners of her house from 30 years ago built a fence at an angle such that it went through into the neighbours' land. For 30 years, no one has noticed the issue and they recently built a retaining wall between them and their neighbours.

The neighbour has threatened legal action if my girlfriend's family doesn't either buy the land that the fence goes through or tear down the new retaining wall and build a new fence on the proper border.

Surely the liability can't fall onto my girlfriend's family to pay up, considering they had nothing to do with the problem existing. We have thought that perhaps we could forward the issue to the initial builders but have heard that it would be too far gone to press legal action on them.

Can anyone help me with finding a better solution?

Eddy View Drop Down
Senior Member
Senior Member

Joined: 14/December/2012
Location: Australia
Posts: 186
  Quote Eddy Quote  Post ReplyReply Direct Link To This Post Posted: 04/May/2018 at 08:56
I seem to recall a similar case some time ago and the outcome was that if it has been like that for a while, and wasn't picked-up at that time, then they are stuck with it. I thought that they could only do something about it when something is about to change ie the neighbours should have said something when the fence was replaced by the retaining wall, and then the original boundary could have been re-instated.

The dispute I refer to was something to do with one neighbor starting to put a driveway in over an unmarked boundary, and one of the advice responses was to quickly install a cheap fence on the boundary (somewhat inflammatory but puts up a good defense for legal action - sorry for the partial pun).

DoogleMcFroogle View Drop Down
Senior Member
Senior Member

Joined: 09/July/2013
Location: Australia
Posts: 142
  Quote DoogleMcFroogle Quote  Post ReplyReply Direct Link To This Post Posted: 04/May/2018 at 12:06
Check your state fencing laws, and also look into adverse possession.

Might be worthwhile consulting a conveyancer

jenaliaanderson View Drop Down

Joined: 29/May/2018
Location: Australia
Posts: 4
  Quote jenaliaanderson Quote  Post ReplyReply Direct Link To This Post Posted: 06/June/2018 at 22:17
Be aware of all the legal laws and regulations otherwise it will cause the problem.

 Post Reply Post Reply

Forum Jump Forum Permissions View Drop Down

Want to save money?

Check out our list of do-it-yourself legal kits.

Need formal advice?

Let us help you find a lawyer who specializes in your particular area of law.

Need further information?

Visit our legal forum where you can ask questions and search for similar topics.