By Phillip Leaman

18 August 2016

We have seen a dramatic increase of property owners in fence and boundary disputes. These disputes usually arise in one of two scenarios:
A neighbour is undertaking a development and gets a survey done; or

The fence is falling down and a survey is obtained.

Where the survey shows that the fence line and/or buildings are not on the title line usually one party is benefiting from more land to their neighbours detriment.

So, what is the next step when this happens?

Work out how long the fence or building has been on the same line. If it has been there for more than 15 years then one party might have a claim.

It is important to obtain as much history about the boundary such as from prior owners particularly if you have not owned the property for more than 15 years.

Before you approach the neighbour obtain legal advice from an expert in adverse possession.

For information on adverse possession and frequently asked questions on the topic click here.

Related Articles

View All
Property & Development / Property & Developers

Vacant Residential Land Tax is Here

The purpose behind this tax was to address the Government’s concern about the number of properties being left vacant...
Read More
Property & Development

Joining forces with neighbours: Maximise the sale value of your property

There are of course the usual suggestions such as re-painting, undertaking minor works, hiring furniture and...
Read More
Leasing & Lease Disputes / Property & Development / Property & Developers

Commercial Leases – Protect your Property

By the end of the lease (whether by expiry, abandonment or eviction) things may look different And you may need to...
Read More
Leasing & Lease Disputes / Property & Development / Property & Developers

Update – Residential Tenancies Act Reform

On 8 October 2017 the Premier of Victoria Daniel Andrews announced an initial set of reforms which the government...
Read More
Property & Development / Property & Developers / Real Estate Agents

Bushfire Beware!

Recently new Bushfire Management Overlay (“BMO”) mapping and schedules have been introduced to reduce the threat...
Read More
Owners Corporation / Property & Development / Owners Corporations & Strata

Apartmentites – Guest Insight #1

Owners Corporations are made up of apartment owners In this ‘Apartmentites’ blog, Tisher Liner FC Law’s Nicole...
Read More
Owners Corporation / Property & Development / Property & Developers

Important VCAT Case Update: The Grundl Assessment

New Guidance from VCAT on how Owners Corporations choose the appropriate method for raising Special Levies An important...
Read More
Property & Development / Property & Developers / Real Estate Agents

Nominating Alternative Purchasers under a Contract of Sale

When purchasers enter into contracts of sale to purchase property and/or land, they rarely imagine that they will not...
Read More
Construction / Litigation & Dispute Resolution / Property & Development

Domestic Building Dispute Resolution – New Regime

The days of VCAT being a first-instance negotiator in Victorian domestic building disputes are coming to an end...
Read More
Leasing & Lease Disputes / Property & Development / Property & Developers

Landlords Beware – Industrial and Warehouse premises can constitute Retail premises

The definition of what constitutes a retail premises has long been a point of contention and uncertainty for landlords...
Read More
Covenants & Easements / Property & Development / Property & Developers

Love Thy Neighbour

Restrictive covenants can often prevent a development from proceeding So, whilst that old house on a huge block may...
Read More
Adverse Possession / Property & Development

Adverse Possession- A Guide to Acquiring Land

1 What is Adverse Possession  Adverse possession is the process whereby title to another person’s real property is...
Read More