Hi Everyone
I am in Perth, WA. I am new in the forum and hope you guys can help me in this unfortunate situation. Thank you in advance.
The issues are the neighbour's Retaining wall footings encroachment and the Dividing fence encroachment.
Summary of facts
1/ In 2013, the neighbour damaged the fibro-cement dividing fence during the construction of his two-storey addition. The original fibro-cement dividing fence was built a long time ago.
2/ In 2015, the neighbour re-erected the new fibro-cement dividing fence without getting the boundary re-establishment survey.
3/ Then, the neighbour constructed an unauthorised retaining wall and a masonry fence along the new fence to restrain his building rubble waste which was placed on top of the natural ground level up to 1 meter high. In fact, the land at its natural state needs no support because the natural ground level between two property is the same. There is a gap of 120 mm between the retaining wall and the new fence.
4/ In 2016 and 2017, my survey recorded that the dividing fence encroached 180 mm and the retaining wall encroached 20 mm. I sent all of my surveys to the Council as proof of the encroachment. There were discrepancies between my survey and the neighbour's survey, the latter recorded that the dividing fence encroached 150 mm and the retaining wall no encroached.
5/ In 2017, The Council investigated the unauthorised structures then approved the neighbour's retrospective building application based on his survey, although I have strongly objected the structures with its encroachment as it was recorded in my survey.
6/ In 2020, my latest survey recorded that the retaining wall and the masonry fence footings encroached 120 mm onto my land.
7/ Complained to the Council but Council said the matter is not within Council's jurisdiction, it was the disputes between the neighbours.
Disputes
The neighbour wants to share 50/50 costs for the realignment of the dividing fence back onto the cadastral boundary line based on his survey and accept no encroachment of the retaining wall and masonry fence. He also wants to change the boundary line on the Langate title certificate based on his survey. He also threatened to counterclaim with the adverse possession if the matter goes to Court.
My questions are:
1/ Is the 50/50 share correct?
2/ What can I do with the encroachment of the retaining wall and masonry fence footings?
3/ What can I do if he wants to change the boundary on the Title Certificate at Landgate.
4/ Whether he would succeed with the adverse possession counterclaim?
5/ Is my case strong if it goes to Court?
6/ Can I reimburse my surveys and other expenses in relation to this matter?
I am old and on the pension, I cannot afford a lawyer or go to Court. Could you guys please help me in this unfortunate situation. I am much appreciated for your help!
Thank you so much for your help and time.
Kind regards
Mike
I am in Perth, WA. I am new in the forum and hope you guys can help me in this unfortunate situation. Thank you in advance.
The issues are the neighbour's Retaining wall footings encroachment and the Dividing fence encroachment.
Summary of facts
1/ In 2013, the neighbour damaged the fibro-cement dividing fence during the construction of his two-storey addition. The original fibro-cement dividing fence was built a long time ago.
2/ In 2015, the neighbour re-erected the new fibro-cement dividing fence without getting the boundary re-establishment survey.
3/ Then, the neighbour constructed an unauthorised retaining wall and a masonry fence along the new fence to restrain his building rubble waste which was placed on top of the natural ground level up to 1 meter high. In fact, the land at its natural state needs no support because the natural ground level between two property is the same. There is a gap of 120 mm between the retaining wall and the new fence.
4/ In 2016 and 2017, my survey recorded that the dividing fence encroached 180 mm and the retaining wall encroached 20 mm. I sent all of my surveys to the Council as proof of the encroachment. There were discrepancies between my survey and the neighbour's survey, the latter recorded that the dividing fence encroached 150 mm and the retaining wall no encroached.
5/ In 2017, The Council investigated the unauthorised structures then approved the neighbour's retrospective building application based on his survey, although I have strongly objected the structures with its encroachment as it was recorded in my survey.
6/ In 2020, my latest survey recorded that the retaining wall and the masonry fence footings encroached 120 mm onto my land.
7/ Complained to the Council but Council said the matter is not within Council's jurisdiction, it was the disputes between the neighbours.
Disputes
The neighbour wants to share 50/50 costs for the realignment of the dividing fence back onto the cadastral boundary line based on his survey and accept no encroachment of the retaining wall and masonry fence. He also wants to change the boundary line on the Langate title certificate based on his survey. He also threatened to counterclaim with the adverse possession if the matter goes to Court.
My questions are:
1/ Is the 50/50 share correct?
2/ What can I do with the encroachment of the retaining wall and masonry fence footings?
3/ What can I do if he wants to change the boundary on the Title Certificate at Landgate.
4/ Whether he would succeed with the adverse possession counterclaim?
5/ Is my case strong if it goes to Court?
6/ Can I reimburse my surveys and other expenses in relation to this matter?
I am old and on the pension, I cannot afford a lawyer or go to Court. Could you guys please help me in this unfortunate situation. I am much appreciated for your help!
Thank you so much for your help and time.
Kind regards
Mike