Who's property?

bronal said :

As far as I know there is no ‘law of adverse possession’ in the ACT – that is, if you appropriate someone else’s land for a certain period of time without objection, then you are entitled to claim it. This is written into legislation in some other jurisdictions, but not here.

Yeah, I didn’t think there was anything explicit as with interstate. Wasn’t sure if there was some informal policy operating somewhere in the system. Seems madness not to have some mechanism for correcting errors like this.

It seems as though you have evidence that that the neighbours’ driveway encroaches onto your block, so what are you waiting for? The fact that their driveway would be reduced is their problem, not yours.

May I change my earlier suggestions? See a solicitor first. This could be more complicated that it seems.

A bit more info.

The driveways are the same height at the gutter. 4 metres back onto the properties there is an 800mm height difference. One is dug in, the other follows the existing land contours. A retaining wall sits between. This retaining wall, if moved to the actual boundary, would reduce the neighbours drive to a bike path.

As far as I know there is no ‘law of adverse possession’ in the ACT – that is, if you appropriate someone else’s land for a certain period of time without objection, then you are entitled to claim it. This is written into legislation in some other jurisdictions, but not here.

A first step would be to have your block surveyed again. Possibly expensive, but if you feel aggrieved about this then it seems a sensible place to start. Take it from there. I’m thinking you may end up at one of the ACT Administrative Tribunals (not sure which one, someone else will know). You may also have to talk to the ACT Government about the part of the encroachment that’s on the nature strip (ie: not on your land). Do you have any idea what the encroachment is on your block? A brief legal consultation might also help to clarify your rights. I assume you’ve got all the original paperwork for your block.

Its called a jackhammer.

Deref said :

I don’t know who property is.

I think that their in the dark as well… 🙂

I don’t know who property is.

This article seems to have a bunch of useful information, mediation with the new owners is probably your best bet (especially if you might have voided legal recourse by now for not challenging it sooner): http://www.crs.org.au/html/neighbourhood_disputes.htm

This, or one of the related threads may be of use:

http://the-riotact.com/is-there-a-law-saying-you-arent-allowed-to-build-on-someone-elses-land/43296

I’ve not re-read all the comments, but I recall someone stating (somewhere on this site) that “possessory title” does not apply in the ACT – which, if correct, could be helpful to you if the encroachment continues onto your leasehold land (i.e. it’s not just on the public land/nature strip).

Masquara said :

At the kerb? That’s the nature strip, isn’t it? That isn’t part of your property ….

This. Seems like the developer (LDA or predecessor or private) may have done that when built?

Quickly stick some little plants and big stakes right down the middle of the two properties so the new owner doesn’t have any confusion about where their frontage ends and yours starts.

Driveways require approval from TAMS. Perhaps you should talk to them?

Not sure what the law is in the ACT on this, but in NSW if you don’t lodge a complaint within a certain period, the mistake becomes accepted and you lose legally.

At the kerb? That’s the nature strip, isn’t it? That isn’t part of your property ….

Whose

Check if ACTMapi had reasonable resolution overlays and photos of the respective boundaries, and style it like adults?

Otherwise, demand satisfaction through pistols at dawn.

Never the two shall meet? Cant you just use a common piece of concrete, after all at the kerb isn’t really your land anyway. If you’re that bothered by it put your letterbox on it so they cant use it.

Perhaps a pic or drawing would assist, assuming you don’t want to give up your address for satellite/streetview images to see exactly how it is.