Fence problem

**Morr1e** · 12th February 2008, 08:03 PM

Hi guys, I hope I post this in the right section. My nextdoor neighbour is building a new house and he got a serveyor and turns out that 20cm of my land is actually his (the fence is in the wrong spot) We get along very well with our neighbours and dont want any fights etc. I am quite willing to give him the 20cm of land as I have a huge block but I'm concerned about the distance between the garage and the house. Is there a limit of distance you have to have between the garage and fence?

**Barry Hicks** · 12th February 2008, 08:39 PM

Check with your local authority, it varies.

**les88** · 12th February 2008, 08:43 PM

Barry is correct, but there was a clause that if the fence was installed in the wrong place after a set time it became legal.
les

**Morr1e** · 12th February 2008, 11:27 PM

yes I have just found out that you have to be living in the property for 15 years and the neighbour cant claim it theres. I have only been living in our house for 6 years. Don't think I have much of a leg to stand on.

**sstyln** · 14th February 2008, 08:47 PM

Is your neighbour wanting the land back?

**Morr1e** · 14th February 2008, 11:34 PM

yes

**Terrian** · 16th February 2008, 12:34 PM

20cm, 8", doesd he have a small block of land ?
how long has the fence been there ?

Personally, I would get a second survey done, but hey, thats just me.

**RufflyRustic** · 16th February 2008, 01:20 PM

Maybe it would be worthwhile to find out how much it would cost to move/rebuild the fence as compared to how much it would cost for you to buy the land.

As it is a shared fence, it may be easier to split the cost of the fence>????

cheers
Wendy

**Groggy** · 16th February 2008, 01:29 PM

Interesting idea Wendy.

I would be trying to reach an agreement that the fence only be moved when it needs to be replaced (and before the 15 years is up), otherwise you might lose a lot of good life from the fence.

It may pay to discover who made the error in the first place, was it the previous owner of his place?

If he insists on replacing the fence it may be because he just doesn't like the look of it, offer to only replace it with the previous style and type and see what he says. You share the costs so try and make sure of the reason the fence needs moving.

Another thought, what sort of fence is it? You said a large block, so, barbed wire, three strand wire, timber, colourbond?

It may be a case of moving the posts and reusing the old fence.

**Gingermick** · 16th February 2008, 02:44 PM

Originally Posted by les88

there was a clause that if the fence was installed in the wrong place after a set time it became legal.
les

Something like 100 years.
But, does the fence run the full length of the boundary? That happened to in laws and I got the surveyor I used to work for the realign the boundary to keep the same lot sizes and kep the fence / carport.
BTW we can build to 1.5m from boundary on the side here.

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