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Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5771
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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I purchased a house in Jan 2016 from my neighbor who

Customer Question

I purchased a house in Jan 2016 from my neighbor who subdivided the block into two back in 1982. The boundary fence between our blocks is greater than 20 years old also. I am now advise dthe fence is 400mm onto their land and a new fence is currentky being constructed back on what I assumed was my land. I am losing land as far as I am concerned. Does the adverse possession laws apply here?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Brisbane Queensland
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: Nope
Submitted: 1 year ago.
Category: Australia Law
Expert:  Daniel replied 1 year ago.

Hello

Well, the issue is, the adverse possession laws do apply, however if it does go to court, a myriad of issues will transpire:

1. Why was the fence moved?
2. For what purpose?
3. is the solicitor who organised the sale liable?
4. why didnt you or the seller inform of the issues with the fence?
5. survey diagrams

the list goes on.

In short, if pressed, a court will more than likely just deal with it by way of having a fence erected on the 'real boundary.' Adverse possession really is not enforceable in modern times, as a result of the above.

If it were crown land however, (government land) maybe there is some ability to argue.

I wish to help you in this situation.

Expert:  Daniel replied 1 year ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 1 year ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 1 year ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 1 year ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 1 year ago.

Hello
I note I have not received a response?
I wish to help you in this situation.

Expert:  Daniel replied 1 year ago.

Hello
I note I have not received a response?
I wish to help you in this situation.