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I have a rural property. The neighbor in 2012 built a road…

Hi I have a rural property...

Hi
I have a rural property. The neighbor in 2012 built a road and subdivided the land to sell two blocks of land next to me
However in the building of the road he has dug a drain (300mm to 1 meter deep) on the boundary of my property for about 100meters
This now restricts my ability to erect my fencing because the bottom of the drain is the boundary
He offered to half fill the drain that is all
I had the current Council Planning department (Douglas Shire) out for a meeting
The development plans that the neighbor submitted was to a De-amagamated council (Cairns City)
They showed me the plan (drawn personally by the neighbor) The road drainage indicated it should be on his side
Plans have been certified by an Engineer that has most likely not looked at it
Both of the blocks of land have now been sold
I wish to apply to QCAT to have a hearing
Is there time limits on this the development and application?
I have google earth Photos of before and after but are having difficulty in finding a past survey relative level to give a accurate level of what was there
Costs - Can I apply to have a contractor restore the land and stabilize it?

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Answered in 26 minutes by:

3/29/2016

Solicitor: Leon, Solicitor replied 7 years ago

Leon, Solicitor

Category: Australia Law

Satisfied Customers: 52,733

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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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 advice but a guide to assist you.

Are you saying that the drain is in the incorrect place?

Section 14 and 15 of the Limitations act deal with claims for property

http://www.austlii.edu.au/au/legis/qld/consol_act/loaa1974226/

If he is on your land you have 12 years to bring an action to rectify it after that he can claim rights.
You need an engineer to have a look at it and get a detailed report on what has to be done and that is de-stabilizes your land.

Also if they have not complied with the plans in council you use that.

Any issues belong to the current owner and he cannot claim that he did not do it.

I hope this makes sense and is of assistance.

Customer reply replied 7 years ago

Hi Leon
As I recall there was a sales contract on the land before the original owner started the road works and the drainage
Who should I make in the application to QCAT as the Respondent - the original owner or the present owner? or Cairns City Council or Douglas Shire Council or the Certifying Engineer
Yes the Drain does not follow the plan as draw. and was wholly created. The councils planning department has changed with the de-amalgamation We were Douglas then Cairns City now we are Douglas again The application was approved in Cairns Council
The Original owner is being smart about it and said its not my land now
Paul

Solicitor: Leon, Solicitor replied 7 years ago

You would be suing the current owner of the land on which the drain is on.

The Council is the one that the property is in the area of. You may have to get a copy of the documents to rely on them from council. I am not 100% certain you can su both councils but if the new council feels they should not be liable they should join cairns council.

The certifying engineer you cannot sue because you have no contract with them. You can sue the council as they have been negligent and they owe you a duty of care.

The original owner is correct. It is ot his problem as he has onsold it to the new owner.

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.

Please do not forget to leave positive feedback.

Regards

Leon

Leon, Solicitor

Category: Australia Law

Satisfied Customers: 52,733

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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