Neighbour/Developer wants to move fence

M

meri

I received a call today from the developer/neighbour claiming he has had his block surveyed and the fence between the properties is out up to 0.7 metre at the rear of the property. The neighbour's survey report claims the fence needs to be moved my way to recify the problem. He cannot get his building permit as it stands. The neighbour has offered to pay for the new fence. The fences are very old. I am not too keen to give up land. Can I ask for advice on how to respond to this request?

When I purchased the property I measured the fence boundries but did not have the property surveyed.
 
If I was you, I would get my block surveyed. Even if he shows you his survey report, how do you know the pegs are in the right place.

Make sure you are home when the surveyor does the job, so you know where the pegs should be and know exactly what the result is.
 
I thought the dimensions in Land value notice is from the Lands and Titles department. Isn’t that easy and quick to check?
 
traditional answer

" yes, but ... "

xxm yyydegrees from the peg, is still wrong if the starting peg is placed wrong, a surveyor will ensure the marker pegs from which the measurements are taken are correctly placed.
Your surveyor works in your interest
his surveyor in his interest
between the two there is accuracy
 
In Victoria if the fence has been up for a certain length of time the boundary is changed to the fence line, unlike NSW - that is why solicitors in NSW normally recommend buyers get surveys and they are much less common in Victoria.

See someone who is an expert.
 
1. If the block behind has been surveyed look in the back corners of your property for white surveyors pegs as the surveyors would have been put pegs in the ground to mark the back boundary.

2. Get out your contract of sale from when you purchased your property and look at the length of your side boundaries from road to the new back boundary peg and go and measure with a tape.

3. Measure from front boundary to your current back fence and compare length of side boundary.

4. If you still can't work out where your back boundary ring up a few surveyors for a quote to peg your back bounday.

If your back boundary is in your neighbours yard they they being very generous in offerring to pay for a new fence as by law you are required to pay for half. [Diviidng fences act].

We have two reasonably new properties where the neighbours beside encouraged on our yard, one with a fence and one with a retaining wall.



Regards
Sheryn

PS your back neighbours side boundary length is most likely in your contract as well so you can measure their side boundaries from their street to back surveyors peg.
 
Sheryn said:
1. If the block behind has been surveyed look in the back corners of your property for white surveyors pegs as the surveyors would have been put pegs in the ground to mark the back boundary.

2. Get out your contract of sale from when you purchased your property and look at the length of your side boundaries from road to the new back boundary peg and go and measure with a tape.

3. Measure from front boundary to your current back fence and compare length of side boundary.

4. If you still can't work out where your back boundary ring up a few surveyors for a quote to peg your back bounday.

If your back boundary is in your neighbours yard they they being very generous in offerring to pay for a new fence as by law you are required to pay for half. [Diviidng fences act].

We have two reasonably new properties where the neighbours beside encouraged on our yard, one with a fence and one with a retaining wall.



Regards
Sheryn

PS your back neighbours side boundary length is most likely in your contract as well so you can measure their side boundaries from their street to back surveyors peg.
Click to expand...

Do what Sheryn says. You do not need a degree to read surveyors maps and a standard tape measure will tell you if the boundary is out 0.7m. If you need to find the maps this site will help: http://services.land.vic.gov.au/landchannel/jsp/map/InteractiveMapIntro.jsp
 
Thanks for all the great info and advice.

I will contact a surveyor on Monday and get it surveyed. May need a layer too.

When I purchased I did a rough check with a tape measure and definitely didn't pick up the discrepency of this amount. As it is a development from the 1960's expected fences may have moved a bit. Side has metal fencing along half which is original 60's and rest looks much older than 15 years. May have case for adverse possession.

Looks a bit like the whole street may be a bit skew as front boundaries are ok but back out and also other houses out too. We back onto a reserve so can really only know side boundaries.

Thanks for all your help.

Cheers Meri
 
Hi just re read my post.

to Clairfy, length of block seems ok when we measured, however the problem is the side boundary may taper across into the developer/neighbour. It is correct at the front street, but at back may run skew to angle on title.

No neighbours at rear, as the block backs onto a park so can really only get site surveyed and go from there. All other properties seem to align and ours not jutting in any odd way. I kind off feel the whole street may be slightly out of alignment. Other blocks have been subdivided and seem to have just kept original boundaries.

Cheers Meri
 
Hi Lukey13,

We have contacted a surveyor today, but not sure how much it will cost to get surveyed yet.
However, a few months ago we had 2 different properties surveyed before buying in Tassie and costs were between $450 - $600 each.
I am not sure if the costs are different depending on which state in Australia you are in, or how much in demand their services are.

Cheers Meri.
 
meri said:
Hi just re read my post.

to Clairfy, length of block seems ok when we measured, however the problem is the side boundary may taper across into the developer/neighbour. It is correct at the front street, but at back may run skew to angle on title.

No neighbours at rear, as the block backs onto a park so can really only get site surveyed and go from there. All other properties seem to align and ours not jutting in any odd way. I kind off feel the whole street may be slightly out of alignment. Other blocks have been subdivided and seem to have just kept original boundaries.

Cheers Meri
Click to expand...

Would be interested in the outcome of the survey.

If as you've said, the whole street may be out of alignment (I believe this is not uncommon) and if thats the case your neighbour may have lost the 0.7 mtr on your side but gained ~0.7 mtr on the other side.
 
Last edited:
Hi Marjac,

To update, have rung property lawyers and surveyors. We are getting the block surveyed at a cost of approx. $800.

Rang one lawyer and said adverse possession was 30+ years, however rang another and said 15 years, but need proof of the age of the fence. We are not sure if we need to pursue adverse possession. We may not have much to gain, so very dependant on survey results. All the blocks are just over 600 m/s so would not want to lose land and later cannot develop if we desired, if have lost corresponding amount to the other side neighbour if all street boundaries similarly out.

We are getting it surveyed, then once we know where we stand will have to decide what to do. We were also advised that this developer may take us to VCAT as he has an expectation to develop.

Cheers Meri.
 
meri said:
I received a call today from the developer/neighbour claiming he has had his block surveyed and the fence between the properties is out up to 0.7 metre at the rear of the property. The neighbour's survey report claims the fence needs to be moved my way to recify the problem. He cannot get his building permit as it stands. The neighbour has offered to pay for the new fence. The fences are very old. I am not too keen to give up land. Can I ask for advice on how to respond to this request?

When I purchased the property I measured the fence boundries but did not have the property surveyed.
Click to expand...

Have to say I find it very convenient that he can't get approval as is then has a report done that moves the boundary just enough for him to go ahead - but maybe I'm paranoid. As has been said get your own survey done and go from there, if your survey is in line with his talk to a lawyer and see what options you have – I wouldn't give up land without a fight.

Best of luck and keep us posted.
 
meri said:
Hi Marjac,
We are getting it surveyed, then once we know where we stand will have to decide what to do. We were also advised that this developer may take us to VCAT as he has an expectation to develop.

Cheers Meri.
Click to expand...

See the supporting evidence checklist here to get an idea of what evidence you would need if not going down the mediation route.
http://www.dse.vic.gov.au/__data/assets/pdf_file/0016/107305/Checklist_Applicationforavestingorderbasedontitlebypossession.pdf
 
The 'six' viewer, on the dept. of lands website will give you all the cadastral boundaries you need in nsw.
Must be something similar in Vic!?!
 
Last edited:
thanks for all that recent info.

Not sure if we are claiming adverse possession here. No talk of mediation as we don't know where we stand yet. We have to await survey.

Not even a week has gone by and today email from developer wanting a reply re: fence. Very time critical!

I spoke to Council and his initial planning permit is approved subject to a number of conditions, including a survey. I guess this is where it is at, as survey has shown title/fence issues as discussed.

He can re-do his plans so garage is not on the boundary, the planner guy said. But you would think it is easiest for him to proceed as per original plans and get us to agree to fence moving.

Cheers Meri
 
You must log in or register to reply here.

Similar threads

T
fence question
Replies
1
Views
986
Perp
Perp
A
Fencing
Replies
7
Views
2K
chilliblue
C
MTR
Who is responsible??
Replies
9
Views
2K
MTR
MTR
MsAli
Damage from Demolition company
Replies
13
Views
3K
MsAli
MsAli
P
Protection from Adverse Possession
Replies
10
Views
3K
pier1
P
Back
Top