Boundary Encroachment
G'day all, hope to get some feedback on this one.
As some know I'm part way thru having 3 T/H constructed in Melb.
This week the concreter walked off as he was bullied by the PM of the neighbouring property. He'll be back to do the job later this week but the boundary issue behind it all is yet to be totally resolved.
It boils down to the neighbour being 16cm into my property.
The fence has been in the wrong postion for more than 20 years, they finished their construction about 3 years ago. My front T/H has the garage wall on the boundary and the neighbour has agreed to allow this, but wants the wooden fence to be redone in the same position ... on my land. They claim that if we don't allow this they have pics of the original fence and will go to court to not have to adjust their garden and a small part of their driveway.
On one hand it seems a simple compromise to let the fence stay in the wrong position as it's not a huge problem for me to lose some garden, and the neighbour hardly has any change. However I'm more concerned about the future. Such irregularities can put off potential buyers and will need to adressed at some time anyway. Also if they claim to have some "right" due to the fence having been there ... wouldn't I be strengthing that claim by allowing it to continue even longer ... making any change in the future even more difficult ?
So does the fence being on my side before they built give them some "right" to demand I don't fix the error ?
There would seem to be no better time to fix the whole situation than now, would putting it off make it more difficult in the future ?
Has anyone had such experience ?
Anyone with legal opinion ?
G'day all, hope to get some feedback on this one.
As some know I'm part way thru having 3 T/H constructed in Melb.
This week the concreter walked off as he was bullied by the PM of the neighbouring property. He'll be back to do the job later this week but the boundary issue behind it all is yet to be totally resolved.
It boils down to the neighbour being 16cm into my property.
The fence has been in the wrong postion for more than 20 years, they finished their construction about 3 years ago. My front T/H has the garage wall on the boundary and the neighbour has agreed to allow this, but wants the wooden fence to be redone in the same position ... on my land. They claim that if we don't allow this they have pics of the original fence and will go to court to not have to adjust their garden and a small part of their driveway.
On one hand it seems a simple compromise to let the fence stay in the wrong position as it's not a huge problem for me to lose some garden, and the neighbour hardly has any change. However I'm more concerned about the future. Such irregularities can put off potential buyers and will need to adressed at some time anyway. Also if they claim to have some "right" due to the fence having been there ... wouldn't I be strengthing that claim by allowing it to continue even longer ... making any change in the future even more difficult ?
So does the fence being on my side before they built give them some "right" to demand I don't fix the error ?
There would seem to be no better time to fix the whole situation than now, would putting it off make it more difficult in the future ?
Has anyone had such experience ?
Anyone with legal opinion ?
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