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QLD Why is Council Making Me Survey Land?

Discussion in 'Property Law Forum' started by Debra Taylor, 26 July 2016.

  1. Debra Taylor

    Debra Taylor Active Member

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  2. Rod

    Rod Well-Known Member

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    Maybe because you altered the land contour?
     
  3. Tim W

    Tim W Lawyer

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    Perhaps to determine where the boundary actually is,
    and whether or not the wall is encroaching on somebody's land.

    Boundaries aren't always where you think they are,
    nor are they always where the built environment (such as a wall) suggests they are.

    In the alternative, perhaps your neighbour has made (yet another) complaint.
     
  4. Debra Taylor

    Debra Taylor Active Member

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    No I didn't. The wall was not built to specification to start with & overtime has slowly tilted over. This wall is not on my property or boundary.

    I first found the council climbing on my brick fence looking in my yard. I asked him if I can help him but he froze. I surprised him

    So much for the Privacy Act regarding the Council.
     
  5. Debra Taylor

    Debra Taylor Active Member

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    I have been putting up with this for 3 years. He won't do anything the Council asks of him even though they have found him @ fault all this time.
     
  6. Rod

    Rod Well-Known Member

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    What reason has council given for requesting a survey? Not sure if a council has the right to insist on a survey to look at property boundaries between 2 existing fenced private properties. Assume this is a residential area.
     
  7. Debra Taylor

    Debra Taylor Active Member

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    Yes, this is residential. They said to establish if the wall is on their property which, from the partial fence line, you can see it is. Even my house plans can show that the wall is not ours.

    We fenced our half of the boundary & the neighbour placed chicken wire up on his half but council has refused to do anything about it.
     
  8. Rod

    Rod Well-Known Member

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    OK. So what do you want to happen?
     
  9. Debra Taylor

    Debra Taylor Active Member

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    I just wanted to know where I stand with the Council.
     
  10. Rod

    Rod Well-Known Member

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    Then I'm back to my other question: Why is the council requesting survey? ie: They should have a legal basis for the request and they should be able to tell you the act and section they are relying on. Without quoting some kind of authority to you, you should not undertake the expense of a survey until you are comfortable the council has a legal basis for their request.

    Also see this link on fencing disputes in QLD: Dividing fence disputes - QCAT Queensland Civil and Administrative Tribunal
     

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