Land Dispute Help
Printed From: AussieLegal
Category: Business, Commercial, Property, Contracts, IP
Forum Name: Franchises, Leases, Litigation, Trusts, Building, Debts
Printed Date: 21/April/2019 at 16:53
Topic: Land Dispute Help
Posted By: Jarreddh
Subject: Land Dispute Help
Date 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?
Posted By: Eddy
Date 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).
Posted By: DoogleMcFroogle
Date Posted: 04/May/2018 at 12:06
Check your state fencing laws, and also look into adverse possession.
Might be worthwhile consulting a conveyancer
Posted By: jenaliaanderson
Date Posted: 06/June/2018 at 22:17
Be aware of all the legal laws and regulations otherwise it will cause the problem.