During the Melbourne lockdowns our neighbour sent us a fencing notice to re-establish boundary. It had been discussed almost a year earlier that the fence appeared to be in the wrong position with a bit of a give-and-take arrangement. I believe the neighbour used his timing in the hope we would not be able to get possessory right during the lockdown as we had only owned the land for 10 years. We had already gained possessory right documentation hence winning adverse possession.
Now some of our titled land is on their side of the fence. With them having only owned the property for two years we sent a fencing notice saying we wanted to re-establish boundary fencing taking control of our land. #1 They hired a lawyer who replied that our adverse possession had proven the age of the fence and they had adverse possession by default.
#2 We have a good understanding that they will not be able to gain possessory right.
#3 We have replied to the lawyer stating that we know no lodgement has been made they have not replied. It has been four months now.
#4 In the lawyers initial response it was noted that both proprietors had not been listed on the fencing notice, is this any issue?
#5 The quotation in our fencing notice 50-50 old fence removal new fence construction. 100% onus of cost on them for rubbish removal including asbestos on their side of the fence. This amount was under $2000
#6 Looking for advice on how to proceed with this matter.
#7 If someone claims they will adversely possess land how long do they have to do so, before a fencing notice can be enforced.
#8 Can I remove the section of fence on my title and start using the land?
Now some of our titled land is on their side of the fence. With them having only owned the property for two years we sent a fencing notice saying we wanted to re-establish boundary fencing taking control of our land. #1 They hired a lawyer who replied that our adverse possession had proven the age of the fence and they had adverse possession by default.
#2 We have a good understanding that they will not be able to gain possessory right.
#3 We have replied to the lawyer stating that we know no lodgement has been made they have not replied. It has been four months now.
#4 In the lawyers initial response it was noted that both proprietors had not been listed on the fencing notice, is this any issue?
#5 The quotation in our fencing notice 50-50 old fence removal new fence construction. 100% onus of cost on them for rubbish removal including asbestos on their side of the fence. This amount was under $2000
#6 Looking for advice on how to proceed with this matter.
#7 If someone claims they will adversely possess land how long do they have to do so, before a fencing notice can be enforced.
#8 Can I remove the section of fence on my title and start using the land?
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