VIC Property Law - Moving a Fence to the Right Position?

[Rod]

12 years for a claim in Vic. Your neighbour may have a legal claim to the land. Suggest you talk nicely to your neighbour and see if they will agree to a new fence on the correct boundary.

The downside for the neighbours is that to enforce their claim to the land they will need to spend money.

Re: Clancy. NSW laws do not apply in Vic. If the neighbours have an extra 1cm of land after 12 years of possession they stand a very good chance of being able to retain possession. And at first look it may seem like a silly law, but it isn't. There are sound public policy reasons for the law.

 

[Wai]

Thank you Rob. Do you mean if the neighbor have not claimed to the land, we can build the fence back to the correct boundary? The didn't object our fencing notice.

 

[Clancy]

Re: Clancy. NSW laws do not apply in Vic. If the neighbours have an extra 1cm of land after 12 years of possession they stand a very good chance of being able to retain possession. And at first look it may seem like a silly law, but it isn't. There are sound public policy reasons for the law.

'Sound', you used the word 'sound'.... I am truly amazed!

The real proof of weather or not a law is sound is not revealed by the cases where justice was done, it is revealed by the cases where injustice was done!

 

[Rod]

@Wai You can try. The neighbour might be a fair and reason person, or simply not know their rights.

@Clancy The law often has to juggle competing and conflicting interests and there are times when two parties both have valid claims. The principle of adverse possession arose in times when war and disease would lay waste to entire villages and towns, and while these causes don't exist in modern day Australia, it means people who are lax enforcing their rights, lose those rights.

I have heard of whole streets that have been incorrectly surveyed and when a new owner comes in, has a survey done with new and improved equipment, finds out more than one property has fences on the wrong boundary. Should the owners in the entire street be forced to move fences that have been in place 50+ years? This law is sound.

 

[Wai]

Thank you Rob.

 

[Clancy]

@Wai You can try. The neighbour might be a fair and reason person, or simply not know their rights.

@Clancy Law The law often has to juggle competing and conflicting interests and there are times when two parties both have valid claims. The principle of adverse possession arose in times when war and disease would lay waste to entire villages and towns, and while these causes don't exist in modern day Australia, it means people who are lax enforcing their rights, lose those rights. I have heard of whole streets that have been incorrectly surveyed and when a new owner comes in, has a survey done with new and improved equipment, finds out more than one property has fences on the wrong boundary. Should the owners in the entire street be forced to move fences that have been in place 50+ years? This law is sound.

Yes, isn't it all nice and good when it works well?

What about when it does not?

How many laws can you think of that provide a means for one party to experience a huge gain for nothing (legally) at the expense of another innocent party who did nothing wrong, made no poor decision, just going about their normal life?

Where no party is deceitful, I am seriously hard pressed to think of any other law that can achieve that kind of outcome?

 

[Wai]

Anybody can tell me how I can delete or hide my posts on this website? I don't want other people to see. Thank for your help.

 

[Rod]

Self report the posts and hope the admin of this board agrees with you.

They haven't in the past saying the posts help other people looking for answers and your concern about one party reading this information to your detriment is generally not a sufficiently valid reason. But worth a try.