NSW Rural property has neighbors house built on edge of surveyed boundary

Discussion in 'Property Law Forum' started by Kris Cameron, 10 December 2018.

  1. Kris Cameron

    Kris Cameron Member

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    We have purchased a property with the neighbors house built in 1930 on the boundary. Had surveyors confirm the boundaries and council has confirmed it as well and no corrections have been submitted to council. Is this house ours and What steps do we need to do to go forward. We do not wish to sell any land back as this would require us to re do the mortgage if we change the size of the property. The land is 32 ha and there are 2 ha that the neighbors think was theirs. Our conveyancer mentioned this to us when buying and there are gates to access from our property.
     
  2. Tripe

    Tripe Well-Known Member

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    I have heard of a similar case that went to court, from memory the court ruled the boundaries had to be changed to allow the neighbor legal possession of their house.

    I think this was then appealed, not sure what happened after the appeal.
     
  3. Tripe

    Tripe Well-Known Member

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    This is the case, it was over the placement of a pool, not a house.

    "In one such case, a pool encroached on a neighbouring property by approximately 108m2 despite being wholly within what appeared to be the dividing fence.[1] The Courts were called to resolve the subsequent dispute which arose and the Judge ruled that the land on which the pool encroached be transferred to the pool-owner at three times its value, a cost of approximately $15,000"
     
  4. Rod

    Rod Well-Known Member
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    Keep in mind the other party may claim adverse possession.

    See a lawyer.
     
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