Property bounday

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From: Guy Wood


Hi,
I'm in the middle of buying an older house with a double garage/shed & flat out the back. It has a 3 meter right of way through the neighboring block to the waterfront.
BUT... the shed encroaches 60mm (2 1/2") onto the neighbors land, it's been like it for 20? years.
He's suggested I forfeit the right of way & he gives me the 60mm. I'm not keen on that.
Any suggested actions or thoughts??
Guy
 
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Reply: 1
From: Robert Forward


Hi Guy

I think that you may actually be able to claim the 60mm of land as yours now. I may be wrong, but there is usually a set period of time that if your building sits on their land you can claim ownership. The time period is different from state to state.

Best to have a chat with a good Property Law solicitor, they will be able to give you correct information on what you need to prove etc to make the claim.

Part of it is Possession is 9/10's of the law. And you have possession and have had for a lengthy period.

Cheers
Robert

Property Inspection Reports @
http://www.creativefinance.com.au

The Sydney "Freestylers" Group Leader.
 
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Reply: 1.1
From: Michael Yardney


Guy
What Robert is talking about is the law of adverse possession, but in Victoria that only comes into effect after 30 years. That means if your boundary fence has been in the wrong spot, encroaching on your neighbour's land for more than 30 years, and he hasn't complained, then you can claim that extra piece of land as yours.
Michael Yardney
Metropole Properties
 
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Reply: 1.1.1
From: Guy Wood


Thanks gentlemen,
Guy
 
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Reply: 1.1.1.1
From: Asy .


Hmmm...

Michael Yardney said: "What Robert is talking about is the law of adverse possession, but in Victoria that only comes into effect after 30 years. That means if your boundary fence has been in the wrong spot, encroaching on yor neighbour's land for more than 30 years, and he hasn't complained, then you can claim that extra piece of land as yours."

It's 15 years, and a little more complicated than that. There are restrictions, the main one being that the owner of the encroached-upon land must not have allowed the encroachment to occur. Thus, if the original owner of next door, for whatever reason, ALLOWED the shed to be placed incorrectly on his property you will not be able to claim adverse possession.

(But, as usual, don't take this as advice, check with your solicitor. :eek:) )


asy.

"Don't forget what happened to the guy who suddenly got everything he ever wanted...
He lived happily ever after.
(Willy Wonka).
 
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Reply: 1.1.1.1.1
From: Michele B


And the 15 year period (+ another 15 in SA) crystallises on the date the land owner became aware of the encroachment, so you may have to count back from then.

michele
 
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Reply: 1.1.1.1.1.1
From: Michael Yardney


Asy
Your clarification of some points in my posting was correct, but the 30 year period did come from a solicitor as recently as 2 months ago. I was surprised at the length of time.
Michael Yardney
Metropole Properties
 
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