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Ask Leon Your Own Question
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 43966
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Had land from next door property - They are wanting it back.

Customer Question

Had land from next door property - They are wanting it back. I think I can prove we have had the land for over 15 years. I was told we could keep land after 15 years.
JA: What state are you in? It matters because laws vary by location.
Customer: Victoria - Donvale
JA: Has anything been filed or reported?
Customer: Yes - Council was bought in asking us to remove tiles and put up a fence.
JA: Anything else you want the lawyer to know before I connect you?
Customer: We moved to the property last year. We thought we owned the piece of land. The male owner of the property told the previous owner that they could use the land. The piece of land in dispute is beside a garage. They can't use land unless they sell property. I asked were they sell property - they said no. Very hard to explain about land.
Submitted: 12 days ago.
Category: Australia Law
Expert:  Leon replied 12 days ago.

Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question. If you choose a telephone call, you will be charged an additional fee.

Customer: replied 12 days ago.
How much for phone call
Customer: replied 12 days ago.
I will type:
Expert:  Leon replied 12 days ago.

Good Morning.

There are strict rules on Adverse possession.

http://www.tlfc.com.au/expertise/property/adverse-possession-a-guide-to-acquiring-land

You have to make an application once the 15 years are up and the owners of the land are not aware you have been using their land and you have improved it.

If you have not made an application with the land office to have the boundary changed then it is not going to be an easy task.

The link I have given you is very detailed on the law and what has to be done.

Having knowledge that their lad is being used by a third party does not give the third party the right to make it theres. It has to be improved and used without the knowledge and consent of the owner.

I hope this makes sense and is of assistance. If you wish a phone call please elect for one but be aware it will be an additional fee. 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.

Please do not forget to leave positive feedback.

Regards
Leon