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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42334
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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My neighbour has cut into a hillside and built a retaining

Customer Question

My neighbour has cut into a hillside and built a retaining wall 2 years ago & has now just recently built a fence on my property. The property was leased and I was unaware of any of this until recently. The property is on half acre block. I have rang a surveyor and his fee is over $2000.00. If I was to get the surveyor to survey the property and the neighbour has definitely taken some of my land, am I able to claim the costs of the surveyor? Then claim my land back? OR charge the neighbour for the land he has taken?
Submitted: 2 months ago.
Category: Australia Law
Customer: replied 2 months ago.
Please confirm that the payment I have paid, the amount $115.00 via Pay pal is a one off payment only for the advice that I have asked in my previous email. I do not wish to enter into a monthly payment. It concerns me that after I had paid, on the next page there was information about payments per month. I did not click onto any of these. Please do not go ahead if this is the case of monthly payments
Expert:  Leon replied 2 months ago.

Good Morning.

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise but a guide to assist you.

You cannot claim the cost of the surveyor but you would use the survey as evidence to have the fence moved.

Your neighbour should have contacted you about the fence and given you the opportunity to discuss having a survey undertaken and the fence put in the correct position and you pay half the cost of the fence.

Depending on how much he has taken, you can request the fence be moved and if he refuses take them to court.

Many fences are not correct and they encroach on land but that does not mean that the other party can claim the land.

I cannot say what you have paid as that is with another department. But I can refer you to them to get back to you.

But you can claim they have encroached and request they move the fence. If they refuse and it is a reasonable amount of land it may be worth your while to sue and have them move if under court order.

I hope this makes sense and is of assistance If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

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