A boundary between 2 suburban houses is wrongly placed by a matter of between 10 to 20 centimetres, Sorry I hadn't

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Customer: A boundary between 2 suburban houses is wrongly placed by a matter of between 10 to 20 centimetres
JA: What state is this in? It matters because laws vary by location.
Customer: Sorry I hadn't finished typing. This is in Nsw. What rights to that land does the neighbour have
JA: The Lawyer will be able to walk you through that. What steps have you taken so far?
Customer: Nothing yet
JA: Anything else you want the Lawyer to know before I connect you?
Customer: The neighbour who has the extra land has been informed
Answered by John Melis in 9 hours 2 years ago
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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 Boundry line being out of position 10 to 20 cm, the result of this type of situation will not incur an adverse possession claim.

Boundry lines do shift over time sometimes between 10 cm up to a metre in some instances. However, the Boundary line itself will not be lost unless a person tries to claim an adverse possession of the land that they've gained on their side.

If you want to rectify this particular situation with the Boundary line, what you need to do is obtain a surveyors report, have the ground peg correctly, with the correct peg markers, and then have the fence realigned in accordance with the Survey drawings.

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.

Customer
I am working towards re-establishing the dividing fence in the correct position.
At the moment the fence line is up to 30 cms on my side of the boundary.
I am concerned that, because it has been in the incorrect placefor about 15 years, my neighbours can claim that 30 cm as belonging to them.
They are aware that there is a problem, but appear reluctant to relocate the fence.
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John Melis, Expert

I kindly request that you please scroll up. I have posted a reply for you that explains your options, if you cannot see the response, I request that you refresh your screen, and where it does not show please let me know and I will repost it for you. I am here to assist you when you need.

Customer
I have tried all the methods you suggest.
Please repost or send to***@******.***
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John Melis, Expert

Just to confirm you have obtained a surveyors report and the ground has been re-pegged ?

If you prefer to talk on the telephone, I have sent you a special offer of $8.00 to assist you in more detail, as it will make it easier to discuss your matter. I kindly request that you complete the details on the offer, and we can talk straight away as you need. Otherwise, we can keep chatting in this box.

Customer
I seem to have opened a can of worms for you
This is a very early enquiry and no survey has yet been done
However original corner posts exist and the fence doesn't line up with these.
I simply wish to know what claim my neighbours may have over what certainly appears to be my land.
Both my neighbours and I are not responsible for the current fence being in its position.
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John Melis, Expert

That is okay we can talk as long as you need in this chat box

The most important thing in rectifying a Boundry fenceline is to have the property surveyed. The surveyor will then place pegs in the ground that will mark the position of the Boundry line

Once these pigs are in the ground, you can then run a string from one position point to the other and have the fence rectified.

​As far as your neighbours right over your land with the movement of the fence, at this present stage they have no legal rights unless they commence an adverse possession claim in respect of that portion of the land which is yours and it's on their side of the fence.

Customer
Thank you for your advice. I will go ahead with a survey.
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John Melis, Expert

You are welcome, and thank you for supporting the community.

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