NSW Adjoining owners boundary fence on my land

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Kaye Richards

Member
27 June 2019
2
1
1
We have had a survey done of an adjoining boundary and have discovered that our neighbour has erected their fence and plants on our property. The fence is inside our boundary 40cm and up to 1m running about 50m.

We have served them with a boundary and fencing notice, stating that we still own the land despite their fence being on it. My question is can we ask them to relocate the fence and plants back onto their land at their expense? We live in rural NSW they have 5 acres we have 2 acres, zoning is R1 (we are in town).

Thank you in advance.
 

Paul Cott

Well-Known Member
LawTap Verified
26 May 2014
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95
789
Ballarat, Victoria
Hi Kaye,
You have served them with a notice. But as the issue seems unresolved, I think you need to force the neighbours to do what they should. If you don’t, you risk, in time, losing some of your land because of adverse possession. So I think you should get a letter of demand to them or seek a court order. Good luck.
 

Kaye Richards

Member
27 June 2019
2
1
1
Hi Kaye,
You have served them with a notice. But as the issue seems unresolved, I think you need to force the neighbours to do what they should. If you don’t, you risk, in time, losing some of your land because of adverse possession. So I think you should get a letter of demand to them or seek a court order. Good luck.
Hi Paul Thanks for taking the time to respond. Yes I think I will have to go down that route. Thanks again Kaye
 
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