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Who’s property?

By cranky - 23 February 2014 27

Property next door is going on the market. Since glory knows when their driveway has encroached onto our property by about 4 feet at the kerb.

Seems this encroachment is not identified by any searches during the transfer, but getting a bit peed off that I have had to narrow my driveway to allow for this incursion.

Appreciate RA input.

What’s Your opinion?


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27 Responses to
Who’s property?
cranky 8:13 pm 24 Feb 14

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.

bronal 6:39 pm 24 Feb 14

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.

voytek3 1:53 pm 24 Feb 14

Its called a jackhammer.

bundah 12:59 pm 24 Feb 14

Deref said :

I don’t know who property is.

I think that their in the dark as well… 🙂

Deref 9:07 am 24 Feb 14

I don’t know who property is.

Mordd 1:52 am 24 Feb 14

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

HiddenDragon 12:14 am 24 Feb 14

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).

djk 11:14 pm 23 Feb 14

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?

sepi 9:54 pm 23 Feb 14

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.

davo101 8:56 pm 23 Feb 14

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

c_c™ 8:17 pm 23 Feb 14

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.

Masquara 7:26 pm 23 Feb 14

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

Masquara 7:26 pm 23 Feb 14

Whose

Skidbladnir 6:01 pm 23 Feb 14

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.

screaming banshee 5:33 pm 23 Feb 14

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.

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