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We have owned a property for 15 years now and we knew when
We have owned a property for 15 years now and we knew when we purchased it that there was a right of carriageway 20 m wide . The road though was always only fenced 6 metres wide and trees mid height have grown on both sides within that 6 metre gap. This has led to road erosion and difficulty for the dominant Tennant to maintain road. However as there property had no dwelling over that time the dominant Tennant has no worried to request changes to the fencing . Now the dominant tenant wants to sell to his son who plans to build and live on the property. He wants to remove all of the trees and both fences on either side at no cost to himself to have them replaced for our livestock. As well the enlargement of the road means it comes within 19 metres of our houses and we are on 6.5 acres creating significant dust and noise issues. We would like the easement moved to the boundary away from our home. Currently the easement is an old dairy access road that runs through the centre of the property. How can this be achieved. Also if it can't can we put an unlocked gate so we don't lose use of the .5 acres of land being planned. … read more
John Melis
John Melis
Lawyer
Bachelor's Degree
33,361 satisfied customers
The house we bought 2 years ago has a sleeper wall and chain
The house we bought 2 years ago has a sleeper wall and chain wire fence on one side which is failing quite badly . the neighbours don,t want to take any responsibility . it is also very unsightly as t… read more
John Melis
John Melis
Lawyer
Bachelor's Degree
33,361 satisfied customers
I live in Brisbane. Have a DA approved by Bne City Council
Hello. I live in Brisbane. Have a DA approved by Bne City Council for building. The building is approved to the boundary on one side of the block. The 60 year old chain wire boundary fence is actually… read more
John Melis
John Melis
Lawyer
Bachelor's Degree
33,361 satisfied customers
Are you legally required to pay for a boundary fence shared
Are you legally required to pay for a boundary fence shared by a neighbour even if you can't afford to. … read more
John Melis
John Melis
Lawyer
Bachelor's Degree
33,361 satisfied customers
We think our neighbours have fenced into our vacant block.
Hi Pearl, we think our neighbours have fenced into our vacant block. We are in the process of engaging a surveyor to peg out our boundaries to confirm this. If the neighbours have fenced into our bloc… read more
John Melis
John Melis
Lawyer
Bachelor's Degree
33,361 satisfied customers
Placement of Dividing Fence retaining wall between myself
Placement of Dividing Fence retaining wall between myself and neighbours, Central Coast NSW. … read more
John Melis
John Melis
Lawyer
Bachelor's Degree
33,361 satisfied customers
I have a timber sleeper retaining wall 1/2mj high made up of
I have a timber sleeper retaining wall 1/2mj high made up of timber sleepers 200cm. My neighbour (tenant) has removed the fill behind the top sleeper down to the next sleeper leaving clear gap between… read more
John Melis
John Melis
Lawyer
Bachelor's Degree
33,361 satisfied customers
I am researching who is responsible for the cost of
Hi Pearl, I am researching who is responsible for the cost of repairing/replacing a retaining wall … read more
John Melis
John Melis
Lawyer
Bachelor's Degree
33,361 satisfied customers
I have a fencing question re an encroaching fence that my
Hi Pearl i have a fencing question re an encroaching fence that my neighbour and I put in 10 years ago and a recent survey reveals to be on my land (I have lost 6sqm) … read more
Leon
Leon
Solicitor
Master's Degree
33,424 satisfied customers
My neighbour is planning to take down our common fence
My neighbour is planning to take down our common fence stating it is not in the correct place and replace it witht a 2.7 metre wall for a double brick "Shed" ON the boundary. What can I do? … read more
John Melis
John Melis
Lawyer
Bachelor's Degree
33,361 satisfied customers
We live in Adelaide, South Australia. Our neighbour of 23
We live in Adelaide, South Australia. Our neighbour of 23 years demolished her house in February 2017 and has since then rebuilt on the same block of land. In late April we purchased another property … read more
John Melis
John Melis
Lawyer
Bachelor's Degree
33,361 satisfied customers
We are from the Fraser Coast Region Qld - How far inside an
Good afternoon Pearl, We are from the Fraser Coast Region Qld - How far inside an existing erected i.2m High Ring Lock dividing fence can a neighbour erect a 1.8m Colour Bond fence on his their proper… read more
Leon
Leon
Solicitor
Master's Degree
33,424 satisfied customers
Dear Maurice. I live in Queensland and have to replace an existing
Dear Maurice. I live in Queensland and have to replace an existing timber post and sleeper retaining wall which has deteriorated due to age, rot and termites. The wall was constructed, I believe, some… read more
Leon
Leon
Solicitor
Master's Degree
33,424 satisfied customers
My Sydney property was bought 15 years ago. The survey showed
My Sydney property was bought 15 years ago. The survey showed NO encroachments. One measure given showed 0.24m from the neighbours property. During a fence dispute a new survey was undertaken by the s… read more
Leon
Leon
Solicitor
Master's Degree
33,424 satisfied customers
We live on a farm at grafton nsw aust.My neighbour took me
We live on a farm at grafton nsw aust.My neighbour took me to the local land board in regards XXXXX XXXXX fencing dispute.He sold me the farm 10 years ago but subdivided 80 ac off ,built a house.four … read more
Leon
Leon
Solicitor
Master's Degree
33,424 satisfied customers
A neighbouring property has a one metre high retaining wall,
A neighbouring property has a one metre high retaining wall, which is in bad state of repair and falling down and is up to 450mm over our boundary. We have just had the property surveyed, which has re… read more
Leon
Leon
Solicitor
Master's Degree
33,424 satisfied customers
This is a property dispute. We have a large retaining wall
This is a property dispute. We have a large retaining wall on the boundary separating our property from the neighbour. The neighbour built his home first about nine years ago and erected the retaining… read more
Brisbane-Lawyer
Brisbane-Lawyer
Lawyer & Solicitor
Master
14,357 satisfied customers
I need a draft for a letter to give neighbhours to notify them
I need a draft for a letter to give neighbhours to notify them that I am going to develop a gazetted road between our properties. The road is currently unused and some neighbours have taken their fenc… read more
Leon
Leon
Solicitor
Master's Degree
33,424 satisfied customers

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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