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.

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