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Related Australia Law Questions
My neighbor wishes to move his retaining wall from the
My neighbor wishes to move his retaining wall from the current position approximately 300mm on his property to the fence line, meaning the wall sits over the boundary of my property. … read more
John Melis
John Melis
Lawyer
Bachelor's Degree
18,693 satisfied customers
This is more a fencing issue. I was going through another
I was going through another another lawyer. My neighbors wanted to fence off land I had been using for over 30 years- it is thier land however I had an electric gate at the end of my driveway and had a conduit running under the cement drive. I asked the lawyer for a letter to stop them building it. After 5k I got no letter- she wanted the details of the conduit and all I know is it ran under the fence. The neigbours had the land surveyed and that didn't agree with my survey 18months before. I wanted another survey. I never got the letter . I sent three letters to the neighbors offering them up to 100k for the land I had been using- I wanted 50-60 cm of a back lane that was 25m long. The neighbors built the fence 7 cm onto my land. my electricty to the back gate was cut off The lawyers said 10cm is acceptible for a fence to be off. Can I get the fence taken down so I can use my conduit … read more
John Melis
John Melis
Lawyer
Bachelor's Degree
18,693 satisfied customers
A boundary between 2 suburban houses is wrongly placed by a
A boundary between 2 suburban houses is wrongly placed by a matter of between 10 to 20 centimetres … read more
John Melis
John Melis
Lawyer
Bachelor's Degree
18,693 satisfied customers
Ellen. Would like some advice on Adverse Possession. We have
Would like some advice on Adverse Possession. We have a neighbour who has been in the property for four years and after we did a knock down rebuild they are claim rights to land where our garage wall was. The fence line was incorrectly positioned years ago over our recently surveyed property line. The on-line records show that the previous owner was in possession for 15 years. Can the current neighbour claim adverse possession on this fact or in the law based on current ownership? … read more
Leon
Leon
Solicitor
Master's Degree
32,717 satisfied customers
Can title by adverse possession apply to a strip of land
Can title by adverse possession apply to a strip of land alomg a boundary or does it have to apply to the whole of a property? The boundary fence has eenther for nearly 30 years with no disputes. … read more
John Melis
John Melis
Lawyer
Bachelor's Degree
18,693 satisfied customers
Do we have to apply for adverse possession to keep our
Do we have to apply for adverse possession to keep our boundary fence where is is now? Also, our garage wall is on our side of the boundary & we want to keep the boundary fence running alongside it as… read more
Leon
Leon
Solicitor
Master's Degree
32,717 satisfied customers
We live in Adelaide, South Australia. Our neighbour of 23
We live in Adelaide, South Australia. Our neighbour of 23 years demolished her house in February 2017 and has since then rebuilt on the same block of land. In late April we purchased another property … read more
John Melis
John Melis
Lawyer
Bachelor's Degree
18,693 satisfied customers
I reside in a residence in warrandyte Victoria, 3 properties
I reside in a residence in warrandyte Victoria, 3 properties access our residences via a service lane, on 1 boundary the fence (which doesnt go completely from boundary to boundary) isn't in the corre… read more
Leon
Leon
Solicitor
Master's Degree
32,717 satisfied customers
Hi I have my garage down behind my house but I am blocked because
Hi I have my garage down behind my house but I am blocked because of wrongly allocation of the fence. So the fence narrowed my original driveway and now have no access to my garage. So my driveway is … read more
Leon
Leon
Solicitor
Master's Degree
32,717 satisfied customers
My Sydney property was bought 15 years ago. The survey showed
My Sydney property was bought 15 years ago. The survey showed NO encroachments. One measure given showed 0.24m from the neighbours property. During a fence dispute a new survey was undertaken by the s… read more
Leon
Leon
Solicitor
Master's Degree
32,717 satisfied customers
I have lived next door to my neighbor for 22 years, they have
I have lived next door to my neighbor for 22 years, they have been there over 30yrs. about 12 yrs ago we agreed to replace the original fence that had been there since 1962/3. so I could replace the e… read more
Leon
Leon
Solicitor
Master's Degree
32,717 satisfied customers
We have recently purchased a new property. At the time of purchase
We have recently purchased a new property. At the time of purchase we were advised that the neighbouring property's driveway was partly on our property but that the vendors of our property had a verba… read more
Leon
Leon
Solicitor
Master's Degree
32,717 satisfied customers
Our driveway to our house is on a shared with two other residents.
Our driveway to our house is on a shared with two other residents. We purchased our house 6 years ago. After being in our house for 1 year a new owner approached us for us to relocate our fence line a… read more
Maurice
Maurice
Lawyer
Master's Degree
1,980 satisfied customers
I live in Brisbane, QLD and need advice regarding property
I live in Brisbane, QLD and need advice regarding property law, in particular adverse possession. I have recently contacted my neighbour at the rear of my property to replace an existing fence that is… read more
Maurice
Maurice
Lawyer
Master's Degree
1,980 satisfied customers
I have purchased a house in March this year, from the road
I have purchased a house in March this year, from the road there is access onto the drive and I have a double car port in my backyard that was erected over 20 years ago. The access to the garage is fr… read more
Maurice
Maurice
Lawyer
Master's Degree
1,980 satisfied customers
I have an issue with my neighbour who refuse to remove his
I have an issue with my neighbour who refuse to remove his protruding wall which is encroaching of my property. His written reply was simply stated he see no benefit of doing so. Our boundary fence as… read more
Maurice
Maurice
Lawyer
Master's Degree
1,980 satisfied customers
In the back courtyard of our house our neighbours terrace house
In the back courtyard of our house our neighbours terrace house brick wall actually forms one of the definining boundaries, the other two are your standard fences. I was drilling into my neighbours br… read more
Maurice
Maurice
Lawyer
Master's Degree
1,980 satisfied customers
we have just had our land re-surveyed (it is a vacant blockof
we have just had our land re-surveyed (it is a vacant blockof land) and discovered that a neighbour has taken between 1 to 3 metres along one boundary. What is our legal position?… read more
Maurice
Maurice
Lawyer
Master's Degree
1,980 satisfied customers

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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