Urgent help needed pls !!! boundary dispute

[bina]

Hi!

I need urgent advice & help about boundary dispute with my neighbour.

My neighbour doing revelopment his hourse and he told me that our kichen wall (about 2M long) encroached his boundary by 160 mm. This wall is not party wall but it has been there for long time due to very old terrace house (at least 40years)

He initially offered us that he would knock down the kitchend wall and rebuild it but we did not accept the offer as we found out that city council did not approve to demolish the wall and advised us not to accept the offer.

Now the neighbour withdraw the offer and ordered us to remove the ecroaching wall ASAP and also he will claim the cost of loss & damage caused by delay of his construction. We are in so panic mode now and stressed out as we don't know what to do and what is the best way to solve this dispute.

Do we need to involve the lawyer? or is it our responsibility to knock down the wall by our self and does it need DA from council?

 

[jrc]

Get a survey. You would probably have rights under the encroachment of buildings act. get legal advice. what did your syrvey show when you bought?

 

[chilliblue]

Has your neighbour supplied proof of the encroachment via a licenced survey of the property and in writing?

If not, then advise him in writing that you do not believe his claim and until their is legal proof, you cannot decide a course of action.

If he is holding a survey that indicates he is correct, I would strongly suggest that you get legal advise as you do have rights in this circumstances and should not be bullied.

 

[bashworth]

Don't do anything without a lawyer.

Even if the surveyor can demonstrate that your wall is within you neighbour's block you would probably have a good claim under adverse possession. (see http://www.anewhouse.com.au/2013/12/how-adverse-possession-can-affect-buying-a-block/)

 

[D_One]

In Brisbane, when you do a detailed survey and they find encroachment, both owners will be served notice to advice of the encroachment.

Ask your neighbour for survey proof or get your own.

 

[bina]

Thank you all for your quick reply.

We would like to solve this problem without going to court as people said it cost a lot of money. Do we still need to get a lawyer? at the moment, the neighbour does not want to negotiate and ordered us to remove the encroachment A.S.A.P and he will also claim the loss.

We arranged the surveyor but it will take time to get a report and what if it turns out that it is true? what action should we take? In the mean time, we hope he will negotiate again and if this happened, should we negotiate by ourself or involve lawyer?

if we involve lawyer now, does it mean the situation will get more serious? and is it important who seek the lawyer first? Do you know any good lawyer in this field in sydney?

we would like to solve this problem a.s.a.p. with least money as possible. Too much pain & stress for our family. Please help !!!

 

[Rolf Latham]

ordered us to remove the encroachment A.S.A.P and he will also claim the loss.

Ordered in what way ?

if they have appointed a legal adviser, youd be well served to do the same once you are sureish that that there is a problem.

As you seem to be getting very concerned, if you were my client I would strongly recommend legal advice early, simply so you can have some comfort.

Comfort money for good legal advice is very well spent in my view

ta
rolf

 

[fernfurn]

If its been that way for 40 years, I firmly believe adverse possession would apply and you wouldnt have to worry

 

[Terry_w]

Thank you all for your quick reply.

We would like to solve this problem without going to court as people said it cost a lot of money. Do we still need to get a lawyer? at the moment, the neighbour does not want to negotiate and ordered us to remove the encroachment A.S.A.P and he will also claim the loss.

We arranged the surveyor but it will take time to get a report and what if it turns out that it is true? what action should we take? In the mean time, we hope he will negotiate again and if this happened, should we negotiate by ourself or involve lawyer?

if we involve lawyer now, does it mean the situation will get more serious? and is it important who seek the lawyer first? Do you know any good lawyer in this field in sydney?

we would like to solve this problem a.s.a.p. with least money as possible. Too much pain & stress for our family. Please help !!!

Of course you need a lawyer. You could be making mistakes now which could be used in evidence later when they sue you for causing them a loss in delaying construction.

Adverse possession may or may not apply.

 

[coastal]

if its been there for 40 years...do you now not own the bit of boundary?

Theres a similar thread re the A/C breaching airspace

 

[pinkboy]

if its been there for 40 years...do you now not own the bit of boundary?

Theres a similar thread re the A/C breaching airspace

That thread is a complete separate issue.

pinkboy

 

[vaughan]

if its been there for 40 years...do you now not own the bit of boundary?

Like others have said, a complex issue.

Remember that this is in a major city. The owner has been paying rates on the WHOLE land so it's not like that part has been abandoned by them.

Mind you, 160 mm is not much and should not make-or-break a kitchen renovation. My guess is they will be open to a cash settlement for an easement that should pay for the whole kitchen!

I'd also imagine that they just cannot order immediate tear-down of your building. They would need to give reasonable notice which I would imagine a court would consider to be a period of months, not days.

What does the survey in the contract of sale say? Have you checked the titles (yours and theirs) for easements?

 

[Scott No Mates]

As Terry said, get a lawyer - at least they can advise what your next move should be: whether it is to get a survey/get the adjoining owner to provide a survey (to justify their claim), copy of your title, copy of the building approval/occupancy certificate (317AE) from council.

Is the property Old Systems Title/Qualified Title/Torrens/Strata etc?

Is your property zero lot lined?

 

[Blacky]

As others have said get a lawyer and get one fast.

Dont pi$$ fart around with one either. Get one of the biggest names in the business onto it. Lawyers know what they are up against and it is often a game of intimidation. Yes - it costs a lot. However, they have resources and knowledge which allows you to rest easy. In cases like this it will most likely come down to a few letters thrown around and a bill at the end with a signed resolution.
Either way this is going to cost some $$. Its just a matter of how much and how long it takes. Obviously the longer it takes the more $$, stress and hassle.

Too many people hold off too long before engaging a lawyer, and do too much damage for the lawyer to be able to rectify.

Dont do anything further until you have engaged a lawyer.

Blacky

 

[fernfurn]

How many times has the house next door been sold, if no-one has queried it up til now, I cant believe they can suddenly query it, as for pulling down your house, what scaremongering. Houses have been built over boundaries all the time down in Richmond, I know my friends house has the next door neighbours foundations under their foundations and only found out when they knocked their house down to rebuild. My first trip would be to the council to hear what they have to say.

 

[bina]

Thank you

Like others have said, a complex issue.

Remember that this is in a major city. The owner has been paying rates on the WHOLE land so it's not like that part has been abandoned by them.

Mind you, 160 mm is not much and should not make-or-break a kitchen renovation. My guess is they will be open to a cash settlement for an easement that should pay for the whole kitchen!

I'd also imagine that they just cannot order immediate tear-down of your building. They would need to give reasonable notice which I would imagine a court would consider to be a period of months, not days.

What does the survey in the contract of sale say? Have you checked the titles (yours and theirs) for easements?

Thank you for the reply. we have checked that the first half of the house have an easement but no easement for the encroaching wall (kitchen wall)

 

[bina]

How many times has the house next door been sold, if no-one has queried it up til now, I cant believe they can suddenly query it, as for pulling down your house, what scaremongering. Houses have been built over boundaries all the time down in Richmond, I know my friends house has the next door neighbours foundations under their foundations and only found out when they knocked their house down to rebuild. My first trip would be to the council to hear what they have to say.

Thank you for the reply. we have checked with council and neighbour have no approval to knock down the wall and the sydney city council advised us not to take offer. That is the reason that we rejected his offer

 

[bina]

As others have said get a lawyer and get one fast.

Dont pi$$ fart around with one either. Get one of the biggest names in the business onto it. Lawyers know what they are up against and it is often a game of intimidation. Yes - it costs a lot. However, they have resources and knowledge which allows you to rest easy. In cases like this it will most likely come down to a few letters thrown around and a bill at the end with a signed resolution.
Either way this is going to cost some $$. Its just a matter of how much and how long it takes. Obviously the longer it takes the more $$, stress and hassle.

Too many people hold off too long before engaging a lawyer, and do too much damage for the lawyer to be able to rectify.

Dont do anything further until you have engaged a lawyer.

Blacky

Thank you for your reply.
we will find a lawyer in this field. Do you recommend any good one in sydney?
What options do you think we have for the negotiation:
1.let the neighbour organise DA approval & knock down, rebuilt (in this case,who will pay for it?)
2.don't let wall to be knock down & create easement (prefer this option, but how much it will cost?)
3.can't think of anything at the moment,, maybe going to court? what would be the best option for us?

 

[Cumulonimbus]

The surveyor will be able to let you know when he does the survey if there is an encroachment.

The legal 'Survey plan' is what takes time.

Another option you have is to overlay the cadastral boundaries in google earth for your state, i know here in QLD the overlay is called GlobeproQLD. (very easy to download the file,and open it with google earth).

The overlays are normally very accurate and may be able to show whether you are encroaching.

 

[Scott No Mates]

In NSW Google "six portal".