NSW Property Law Issues with Neighbour?

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FromNSW

Member
26 January 2017
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We built a wall 50 mm off the boundary under an approved DA with the boundary confirmed by a surveyor. Our neighbour, who we have a good relationship with, wants to build outdoor seating onto the wall, which would go over the boundary and affix to our wall. It will be a small structure, but a structure nonetheless. They also want to build decking to meet the wall (this worries us about water run-off pooling).

Does it matter as long as the building is done well and doesn't affect the wall in any way? Given our DA stated we had to be 50 mm off the boundary, it isn't land that we can use, so in practicality does it matter. My understanding is they cannot claim ownership over the land in time as they aren't occupying the bulk of our property.

However, whilst we like our neighbours, they may sell or we might sell at some point in the future. If we sell and a prospective buyer has a survey done and they see an outdoor seating bench and decking across the boundary and attached to our wall, could there be any issues?

I would appreciate any help on any implications of this and thank you in advance.
 

Rod

Lawyer
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27 May 2014
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Could there be any issues?

Yes, when you sell, the new property owners would be within their rights to use a takedown notice. Could lower the value of your property as some people just don't want the aggravation. You should tell prospective buyers as you are aware of a matter that affects their rights.