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Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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Encroaching Issue

Customer Question

Hi Patrick, My mom just bought a vacant lot in South Australia for her to build a new house.When the builders surveyed the area so the building can start, they found out that on the northern boundary a row of units slightly encroaches the boundary in to the lot.She has been told that the fences and a pergola slightly over hangs into the property. This means that the foundation needed for the build can be laid out where it is supposed to be because of the overhanging fences and pergola. This results to the house not being positioned were its was supposed to be so they can't start the build. She has been presented with two options. One is to ask the neighbouring units to removed the fence so the foundation can be placed in the proper position, however they have said that the pergola might be a bigger problem. The second option is to revise the plans which will result to additional cost for my mom and will go back to re-drawing plans for the build. What I want to ask is, can my mom legally request the neighbours to remove the fences and pergola that encroaches the property? Who can she speak with to assist band facilitate with the process? Will she be legally be required to share with the expenses of removing the encroachments? Attached is a photo showing where the encroachment occurred as marked by the yellow line. The fences and pergola that overhang in the property is from a a small group of six strata complex. I am not sure if all six units have their fences encroached the boundary.

Submitted: 2 years ago.
Category: Australia Law
Expert:  Leon replied 2 years ago.
Good Evening,How much is the encroachment and were the buildings there before she bought or built after?
Customer: replied 2 years ago.

The builder did not mention how uch the encroachment was, but enough to prevent the foundation not being laid out on the proper position. The complex was already there when she bought the lot.

Expert:  Leon replied 2 years ago.
Good AfternoonDo you have the survey showing the encroachment?Do you know if there was a survey undertaken at the time she purchased the property?