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Ask Deborah Awyzio Your Own Question
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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Am I within my rights to make a buyer aware that a garage

Customer Question

hi am I within my rights to make a buyer aware that a garage wall which I own that it is not part of the property of the next door in which is for sale an that nothing should be attached to it
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

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.

You can ask them to leave. If they refuse then it is trespass.

You can have a court order to have them removed and if they come back then they are in breach.

If the wall is yours then you have a right to advise them that it is not part of any sale.

If the garage wall forms part of the dividing dance then the law becomes hazy as they are part owners of any fence.

Customer: replied 1 year ago.
this wall is a structure (brick) which holds up my roof and I don't appricate the drill into it and damaging the brick work. but in me saying to buyers that is my wall an not the vendors property is ok ? it cant be taken as I'm affecting the sale of the vendors property?
Expert:  Leon replied 1 year ago.

Good Morning.

Does the wall form part of a boundary fence? If not then is it yours and they cannot drill into it.

If the wall is not part of a fence and is wholey in your land then yes it is ok to tell people that it is your wall and not the vendors and If you have a survey to show it is on your land and not part of the fence you can show this to them.