VIC Adverse Possession

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

chrissrylo

Member
7 December 2020
1
0
1
I live in a battle axe two lot subdivision in the front lot which i purchased six months ago. The back boundary fence curves a bit at the back left where it meets the shared driveway. I contacted the owner to advise that I was re-setting the fence and they claimed that the fence has been in place since the original subdivision in 1995 and that they have acquired the land via adverse possession. At this point they not provided any information to support this.

My questions are:

1. Does their claim prevent me from resetting the fence line? They have provided no information to support the claim. The land is still on my title and I pay rates on it. They have threatened me with litigation if i reset the fence line.
2. The land in question is part of an easement on the shared driveway. My understanding is that an easement can only be claimed after 30 years and not 15?
3. They have also attached a gate to the back curve of the fence. Am i able to detach this to reset the fence line?

Another issue is that there is a joint mail box on my land. I would like to remove it and have a single letter box for myself in a fence. They are saying I can only relocate the mailbox if it is acceptable to them?
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,731
1,056
2,894
www.hutchinsonlegal.com.au
Give our property people a call.

1. No, but you have to follow the rules around fences. This may well trigger action by them, but the onus is on them.
2. Largely correct.
3. Yes, but see one above.
4. Unclear why the claim you can't have your own letterbox, not enough detail to comment.

Our details are in my signature below.