VIC Property Law - Boundary Dispute with Neighbour?

Discussion in 'Property Law Forum' started by kelkel2019, 8 January 2019.

  1. kelkel2019

    kelkel2019 Member

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    Hi guys, I am wondering if some could give me some help on my situation.

    Both my neighbour and I have just finished building our houses. On my house plan, there is a 200mm gap between my garage wall and the boundary. I told my neighbour's builder not to put anything between the gap since it is my land. So, my neighbour's builder put a post (for his side gate) on the boundary line and left the 200mm gap open. When my neighbour moved in, he used a timber board to enclose the gap which is on my land.

    I told him to remove the timber board and we can build a fence on the boundary. He refused and said he won't remove the board unless I go and get a boundary survey and prove that it is my land. That is ridiculous! If he has doubts about the boundary line, shouldn't we both share the cost to hire an independent boundary surveyor? Why doesn't he go and hire a surveyor before he put on anything?

    Now the question is...

    Is it legal that I go and remove the timber board now under property law? Can I reinstall the timber board for him once his get a boundary survey and proves that it is his land?
     
  2. Tim W

    Tim W Lawyer
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    In the end, you're arguing about the cost of the survey, and nothing else.
    He won't contribute. Get it done yourself.
     
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  3. kelkel2019

    kelkel2019 Member

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    Is it illegal to remove my neighbour's timber board?

    I heard there is something called boundary survey notice and it can be given when there is boundary disputes in Victoria? What exactly is that? Does anyone know?
    In my case, can I send a boundary survey notice to my neighbour?
     
  4. Rod

    Rod Lawyer
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    Not if it is on your land without your permission.

    Considering you are new neighbours you might want to think about a better way forward.
     
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  5. Tripe

    Tripe Well-Known Member

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    You won’t have any ability to get closure on the matter without getting the true boundary reinstated buy a Cadastral Surveyor, to determine where the true boundary is.

    When you know the true position of the boundary, then you can challenge your neighbor.

    Your builder is not a Cadastral Surveyor and I would not rely on him installing your wall 200 mm off the boundary.
     
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