Afternoon all,
I own a house on a battle axe block and my neighbour owns the rear property. There is a common area on the left of the block looking at it from the road and this is the driveway to my neighbours place. She wants to move her fence to the front of the property therby restricting my access to the area and creating a larger parcel of land for her. Will this decrease my land value as I assume she will get a benefit valuation wise? I asked to buy her out but she's a stubborn one, there is a body corp on the properties and I feel I am getting shafted in the deal……..help?
Hi wakebrownb,
What does it say on the title?
She can try to move whatever fences she likes but if the land she is trying to fence is not legally hers then you can say no.
If need be get a solicitor involved to write her a friendly but firm letter explaining that the property she is fencing is common property and needs to be easily accessed by both parties.
When corresponding with you neighbor put everything in writing and send it registered post. Never agree to anything in writing before you have gotten legal advice.
It sounds a bit harsh but sometimes you need to make sure you are covering your butt as little things can end up getting blown all out of proportion.
The body corporate will also have to agree to any changes made to common areas.
Good luck, keep us posted.
DWolfe | www.homestagers.com.au
http://www.homestagers.com.au
Email MeSimple answer is title. She can't do much if she trying to put the fence on your land. Which state is this in?
TheFinanceShop | Elite Property Finance
http://www.elitepropertyfinance.com
Email Me | Phone MeResidential and Commercial Brokerage
It is in QLD, she is wiling to pay all expenses, solicitor, surveyors, fence costs etc, but my issue is that by changing the common area boundaries she will get a gain in the valuation due to her increased land size and I get nothing as I loose the use of common area and this will affect my value(won't it????)
If it is common area, it is not yours to value (unless I am mistaken), you may have some minor benefit eg turning circle but nothing tangible as it is not yours it is common property. What figure do you expect a valuer to ascribe to something that you do not own?
Short answer yes she wins, yes you lose.
D
DWolfe | www.homestagers.com.au
http://www.homestagers.com.au
Email MeD, that is what I feared.
Scott, when u put it like that it seems so obvious….cheers
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