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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44867
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I purchased a block of land approx 50 years ago. Apparently

Customer Question

I purchased a block of land approx 50 years ago. Apparently the boundary line is incorrect . The next door property was sold approximately 5 years ago they have just surveyed their block and now want to take between 2 and 3 meters of my property. Can they do this after so long?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year 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 Please understand this is not legal advise but a guide to assist you.

Is it a fencing anomally?

Customer: replied 1 year ago.
The property is 40 acres and the fencing is timber fence posts with barb wire strands. Has been the same for the 50 years we have been here.
Expert:  Leon replied 1 year ago.

Good Morning

Have you seen the survey?

If it is a fencing issue then this is going to be hard for them.

Also they have not owned the land long enough to make any application for adverse possession.

Here is some information.

http://www.findlaw.com.au/faqs/2498/what-is-adverse-possession.aspx

If they have not owned it for 12 years they have no action.

If they are concerned that they have your land on their side then you can seek to have the fence moved.

If it is their land on your side you can try making a claim. If you dispute their survey then you can have your own done.

Customer: replied 1 year ago.
The fence was put up approx 50 years ago. The new owners of the property next door have had the land surveyed 2 weeks ago and the survey pegs are between 2 to 3 meters into our property. They want us to move our fence that distance back into our property. We heard through a business acquaintance that there is or was a law that after so many years the boundary could not be changed in a case like this. Because we are on 40 acres this is quite a large area of land we stand to loose.
Expert:  Leon replied 1 year ago.

Good Afternoon

I know when it was put there from your message.

You can apply for adverse possession of their land if you have been looking after it for 12 years or more.

You have to apply for the land to be changed under Adverse possession. I sent you a link to explain what that is. It is not automatic you have to make an application with DERM

Customer: replied 1 year ago.
I am sorry I am unfamiliar with all of this and really appreciate what you have told me so far. Can you please tell me exactly where I have to make contact to complete this application or is there a form to download on line. What does DERM stand for?
Expert:  Leon replied 1 year ago.

DERM is the department of lands in QLD.

You need to speak to a Solicitor that practices in Property Law and have them assist you.

You can get a referral from the law society of QLD

Their website is as follows:

http://www.qls.com.au/Home

They will give your more information.