Suppose you and your neighbor disagree on where your properties’ common border and boundary dispute NSW should be. In that case, you may need to hire a qualified surveyor to conduct a survey and then file a boundary determination application with the Registrar-General. Our environmental and planning experts at Toyo Group have helped clients settle boundary disputes down to a few millimeters, as well as working with the Registrar-General to handle boundary determination, boundary challenges, and registration.
Under a legal theory known as “adverse possession,” if a person occupies a portion of the property that does not belong to them, the landowner may lose the right to remove them. In most cases, the owner loses the right to remove them from their land. However, there are a few exceptions. In this complicated legal field, our environmental and planning law experts can advise you on your rights. It will also depend on whether the property is privately or publicly held and whether the land is under the old system or Torrens Title.
Boundary dispute occurs when a neighbor accesses your property without your permission after you have requested them to leave. If this happens, you may need to seek immediate court orders to enforce your legal rights. For further information, please visit our page or contact one of our expert environmental and planning experts.
Fence conflicts between neighbors are common. They might be about an existing fence, property borders, or retaining walls. Different forms of fence conflicts are subject to other laws.
The dividing fences act of 1991 governs fence disputes involving fences that split two neighboring properties. The real property act of 1900 regulates boundary disputes. Retaining wall disputes are not protected by special legislation; however, the Dividing Fences Act does include retaining walls in some cases.
Dividing boundary dispute NSW
A separating fence is a fence that divides two properties that are next to each other. It can be formed of any material and is generally located on the property’s borderline. Due to wear and tear or old age, fences may need to be repaired or replaced in some cases. Typically, neighbors would discuss how the fence expenses would be split, with each side paying half of the new fence costs. In addition, there are discussions on the type of fence to be installed and the cost of each form of fence. After such negotiations, the neighbors typically agree with dividing boundary dispute NSW.
Parties may be unable to agree on the cost and kind of a new fence in some cases. In these situations, one of the parties may choose to apply for a ‘fence order’ through the consumer and Commercial Division of the New South Wales Civil and Administrative Tribunal (NCAT) or the Local Court. A fence order is a court or tribunal order that specifies what must complete work and how the expenses will be distributed between the parties. In this case, Toyo Group experts can help you to get your own right about boundary dispute NSW.
The opposite party will get a notice of Conciliation and Hearing if an application is lodged through NCAT. Conciliation is a procedure in which the parties try to reconcile their differences before going to court. If the parties are unable to reach an agreement at the Conciliation, it will hear the case. On the day of the hearing, a Tribunal member will make a decision.
Boundary dispute NSW determination line
When two surveyors disagree on the location of a shared border, boundary conflicts are prevalent. When this happens, the owner can request that the Registrar General determine the boundary line.
It must contact the boundary dispute NSW for an application (along with a filing fee). The Registrar General decides boundary disputes under Section 14A of the Real Property Act, permitting a registered proprietor to claim.
The Registrar-General may require that such an application be supported with a survey plan that includes the claimed land and the applicant’s neighboring land under Section 14A. If the application is approved, the land to which it claimed the title becomes subject to the same encumbrances, liens, interests, and responsibilities and the same rights, privileges, advantages, easements, and profits as the applicant’s neighboring land.
The Registrar General will next decide if there is any uncertainty about drawing the boundary line. The application will be denied if the Registrar General determines that the boundary line is valid. The decision of the Registrar General shall be communicated to both parties. If an owner disagrees with the Registrar General’s judgment, they can file an appeal with the Land and Environment Court within 28 days after receiving the determination.
Retaining walls support or hold back soil in neighboring homes if the ground isn’t level. When the retaining wall is part of the separating fence, neighbors of neighboring properties typically split the expense of creating and maintaining the retaining wall. In this case, the boundary dispute NSW applies to the retaining wall.
However, in cases where the retaining wall is not part of the separating fence, the situation is different. In this circumstance, there is no regulating regulation, and the choice may be based on several reasons, including:
- the reason the retaining wall is necessary;
- the actions of the parties involved and;
- what is reasonable in the circumstances.
If you feel a retaining wall is required on your property, but you and your neighbor can’t agree on splitting the costs of building and maintaining it, you should seek legal assistance. You can also for more information contact to Toyo Group experts, or visit our website. Our experts can provide you the best documents in which you can solve your boundary dispute problems.