Inadvertently built a fence encroaching onto a road easement. Council became aware and refused subsequent application for road closure. Was never directed to remove fence. (2013) Situation escalated with us making improvements inside the fence (but on the easement ) in December 2016. Subsequently demands from Council reveal 2 car garage which was on property when we purchased is 0.8mtr over boundary despite having building permit. Never revealed in searches prior to purchase.
QLD Local Council and encroachment onto road easement
- Thread starter Lauren Williams
- Start date
Survey of the land is your requirement as purchaser when you buy the land, but something like this can be often missed - particularly if it's not properly picked up when the building application is put in.
Generally, there are three remedies available from the Courts under the Property Law Act:
1. On order for the subject piece land to be transferred or leased to you;
2. Payment of compensation to the party who loses out on the land use; and/or
3. Removal of the encroachment (i.e. the garage).
Put basically, you either get the piece of land and have to pay for it - or you lose the garage.
Generally, there are three remedies available from the Courts under the Property Law Act:
1. On order for the subject piece land to be transferred or leased to you;
2. Payment of compensation to the party who loses out on the land use; and/or
3. Removal of the encroachment (i.e. the garage).
Put basically, you either get the piece of land and have to pay for it - or you lose the garage.
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