My boundary fence line is not in the correct alignment. It sits 1.5m into my property. Can I legally move my fence line

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Customer: My boundary fence line is not in the correct alignment. It sits 1.5m into my property. Can I legally move my fence line to the correct alignment or can I ask my neighbour to purchase the excess land from me? Thanks
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No I haven't. I only have the survey plan plotted from Nearmap.
JA: Where is the land located?
Customer: Brisbane. I have known of this issue fro 15 years or so. Is there a statute of limitations on this?
JA: Anything else you want the Lawyer to know before I connect you?
Customer: My land is higher than the neighbour's land so a retaining wall is also involved.
Answered by John Melis in 9 hours 2 years ago
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John Melis
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John Melis, Expert

Hi, I’m John, solicitor, and reviewing your post, and may need to ask a few questions a long the way to assist you.

Concerning your important matter about the fenceline, what you need to do is obtain a survey drawing of the Boundry of the property, then present it to the neighbour, and explain to the neighbour that you're going to have the fence moved into the correct line of the survey. Where your neighbour object to this particular repositioning, you can obtain an order from the local court on this matter.

Thank you for reaching out today.

You have a legal right to protect your interests in this important situation.

I am a user like you in this chat forum to assist in your important question today.

Thank you kindly for rating me with 5 stars, which helps me support the community.

You can come back to this post any time to ask questions without additional charge.

I hope I have assisted with answering your important question today, and thank you for supporting the community.

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