We have a house that has about 30sqm of land within our fence line that was owned by State Rail NSW. The fence has been up since before we bought the property in 1997. We have a clothes line, paving and garden on the area and have used it without interruption since we purchased the property. It is landlocked between neighbouring houses and is not needed by neighbouring properties for access or anything else.
The land immediately behind the fence goes on to disused rail yards which are currently being developed as part of the Westconnex project. There is a 4-5m drop immediately on the otherside of the fence and as such is not being included in the redevelopment.
There was a lease in place between State Rail NSW and the previous owner (An Agreement to Let and Take) for 10 cents per annum which was issued in 1990. When we purchased the property our conveyancer inquired about a new lease to which we received a reply saying that "the Authority is not in a position to offer any new agreements on the land and that the agreement will remain in place on a monthly basis." There has been no correspondence since. We have never been asked to pay any lease payments nor have we signed a lease agreement.
We now need to sell the property but are concerned that this land in our fence line might put potential buyers off as there is no certainty about what they can do with the land in the future. Do we have the option to claim adverse possession on this land? Or do we have to buy it or continue to lease it? State Rail NSW no longer exists as an entity and the land has come under the ownership of many departments over the years. It currently sits with Roads and Maritime Services NSW.
The land immediately behind the fence goes on to disused rail yards which are currently being developed as part of the Westconnex project. There is a 4-5m drop immediately on the otherside of the fence and as such is not being included in the redevelopment.
There was a lease in place between State Rail NSW and the previous owner (An Agreement to Let and Take) for 10 cents per annum which was issued in 1990. When we purchased the property our conveyancer inquired about a new lease to which we received a reply saying that "the Authority is not in a position to offer any new agreements on the land and that the agreement will remain in place on a monthly basis." There has been no correspondence since. We have never been asked to pay any lease payments nor have we signed a lease agreement.
We now need to sell the property but are concerned that this land in our fence line might put potential buyers off as there is no certainty about what they can do with the land in the future. Do we have the option to claim adverse possession on this land? Or do we have to buy it or continue to lease it? State Rail NSW no longer exists as an entity and the land has come under the ownership of many departments over the years. It currently sits with Roads and Maritime Services NSW.
