We have recently completed a new side fence and our neighbour wants to survey their property boundary as they believe that the fence between our two properties may not match the property title, in which case they will want us to take down the fence and put up a new one. Just wanting to find out what our rights may be, and what the likely outcome may be if it finds its way to the Magistrate court in Victoria. Some background may be important to understand the issue.
1. The original corner posts at each end of the fence have probably been where they are for at least 50 years, and have been retained as part of the new fence.
2. The previous fence had been falling over and our neighbour was not prepared to replace it until recently when they had a backpacker doing some other fencing for them. Previously they did not want to use a fencing contractor because they didn't have the money.
3. They wanted to contribute their half of the fence through the backpacker putting up a secondhand colourbond fence on the front half, leaving us to do a traditional paling fence on the back half.
4. The neighbour's block is an L shape and wraps around ours, so we share a side and rear fence.
5. The neighbour completed their half of the fence first, effectively giving us a starting point being the end of their half, and an end point which is the rear corner post which was still ok from the fence that was replaced.
6. Our half of the fence is dead straight so any issue relates to the start and end points.
7. Any discrepency, if any, between the fence and the title is likely to be less than 100mm.
What I'm wondering is how a magistrate would view these circumstances given that:
- I'd imagine that we could be entitled to adverse possession (not that we want to go down that route).
- the amount of land is relatively small and replacing the fence would be around $3,500.
- the corner post are long-standing and our neighbour should have requested a survey prior to commencing fencing.
- Our neighbour provided use with both a start and end point.
Any insight would be very much appreciated.
Thank you
1. The original corner posts at each end of the fence have probably been where they are for at least 50 years, and have been retained as part of the new fence.
2. The previous fence had been falling over and our neighbour was not prepared to replace it until recently when they had a backpacker doing some other fencing for them. Previously they did not want to use a fencing contractor because they didn't have the money.
3. They wanted to contribute their half of the fence through the backpacker putting up a secondhand colourbond fence on the front half, leaving us to do a traditional paling fence on the back half.
4. The neighbour's block is an L shape and wraps around ours, so we share a side and rear fence.
5. The neighbour completed their half of the fence first, effectively giving us a starting point being the end of their half, and an end point which is the rear corner post which was still ok from the fence that was replaced.
6. Our half of the fence is dead straight so any issue relates to the start and end points.
7. Any discrepency, if any, between the fence and the title is likely to be less than 100mm.
What I'm wondering is how a magistrate would view these circumstances given that:
- I'd imagine that we could be entitled to adverse possession (not that we want to go down that route).
- the amount of land is relatively small and replacing the fence would be around $3,500.
- the corner post are long-standing and our neighbour should have requested a survey prior to commencing fencing.
- Our neighbour provided use with both a start and end point.
Any insight would be very much appreciated.
Thank you
