I am currently looking at a property in NSW that according to the Surveyors report hangs approx 280mm over the neighbours property, the wall itself is inside the boundary by 30mm, only the eave is on their property, the house is around 50 years old and the eave in question would be part of the original building, The wall of the building itself makes up part of the boundary fence. My conveyancer is looking into the issue but just wondering if others have come across this before and what problems, if any, it caused?
Eave hangs over neighbours boundary
- Thread starter Xjas
- Start date
An issue will only arise if the neighbour decides to build right up to the boundary. It is likely that it is more than 50 years old, as Ord 70 or its precursor would have been inforce to regulate how the building was to be constructed.
I thought about if the neighbour wants to knockdown and rebuild but the current law states the buildings wall must be set back 900mm so that would still be 300mm clear if the building had a 300mm eave.
I guess my main concern is if the neighbour could get a court to force me to move the eave back within the boundary.
I guess my main concern is if the neighbour could get a court to force me to move the eave back within the boundary.
Firstly you can build on the boundary so there is no compulsion to be 900 mm off the boundary. More importantly you may be able to claim adverse possession for the sliver of land. If it's been there for more than 15 years you claim it's now yours.
This will of course cost money, so explain the problem to the agent and ask for a discount
This will of course cost money, so explain the problem to the agent and ask for a discount
I guess that has changed, just realised the survey report was dated 1998.
It say the wall I have close to the boundary "does not comply with Clause 57(2) of The Local Government (Approvals) regulation 1993. This regulation requires that the wall be 900mm from the boundary"
Zero lot lining has been around since Noah was a kid. Provided there are no fire source features (ie windows) closer than 900 mm to the boundary, it is legal (subject to the LEP or council DCP requirements).
OK, cheers for that. I was just going off what was written on the survery report.
i would suggest you would just register an "easment in favour of..." over the affected title.
overhanging land does automatically equal adverse possession law regardless of time - that would lay precedent for every shop with a streetfront awning to claim the crown footpath as their land.
overhanging land does automatically equal adverse possession law regardless of time - that would lay precedent for every shop with a streetfront awning to claim the crown footpath as their land.
