QLD Should Signage be Place at the Rear of Leased Land?

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Jules2308

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25 November 2016
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Just wondering where I stand. My property is for sale and has lease land at the rear of it. Since placing my house on the market, the lease holder has rung my real estate agent saying to take the ads down as he believed the wording was false advertising.

In no way did it say 'jump the fence and access the land behind it'. It was represented as water activities and views within a stones throw of the house. Now he is marking out a fence (which is fine, it's replacing an existing one that hasn't been there for ten years) but has also put signage up at the back of my house saying private property but not along the back of any of the other five houses.

Should this signage be placed at the rear of other houses also? And if it impedes the sale of my house, as he is directly signalling it to potential buyers, do I have any grounds to recoup losses under property law?
 

Rod

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27 May 2014
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Should this signage be placed at the rear of other houses also?

No.

if it impedes the sale of my house, as he is directly signalling it to potential buyers, do I have any grounds to recoup losses under property law?

No. His land and as long as the sign is correct, on his property and meets council rules, you will have no cause of action against him.

Without knowing the actual words and seeing photos I can't comment on whether you have been misleading. He does raise a good point though that if you, and/or your agents, do mislead a buyer you may be sued.
 
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Jules2308

Member
25 November 2016
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Rod,

Thank you kindly for your response, the agent has not mislead any potential buyer with the ad as I have read it and in no way did it say "jump the boundary fence and enjoy the vacant land behind you". It did say enjoy the scenic views of mountains and water only a stones throw away. But we have SEQ boat ramps around us and national parks with mountains.

My only concern with the signage is after a decade of never having signage up he has directly placed it on my back doorstep and no where else on his land therefore having a direct impact on the sale. He has not done this on any other sale in the area, which I thought was quite odd.

Again thanks for your response and clarifying where I stand.