Hi,

We are doing the renovations ourselves. But it still costs money (lots of it!)

I am trying to think of other ways to make money besides getting a 2nd job. Hmmmmmmmmm, well if egg donations were paid for in Australia I might consider doing something like that.

Will have to put my Thinking Cap on and think of some creative ways to make some extra cash….

cheers,
pasandbec

Just got off the phone from the one and only Land Surveyor in the Town we’re buying in. He knows the place well (old, wise man) and he pegged out the (what we thought was the offending) neighbours property!! He was supposed to go back and peg out the fence boundary but the neighbours never got him back to do it and they just put the fence up themselves. The fence is not too far away from the house so one would assume that it’s positioned within it’s rights.

The old land survey my solicitor gave me from 1953 is actually showing an old boundary line (the unbroken line) that has been superseded by the new boundary line (the bold, unbroken line).

BTW: This man also said that that old doctrine only applies to Systems Land and that the land we’re looking to purchase is Torren Title and therefore the doctrine does NOT apply.

So, after much stress, it looks like all is well and we can proceed with the purchase, yay!

And I was so close to pulling out! All I needed was to speak with this man this morning.

Oh, and for saying that that unbroken line was an encroaching fence, I think I should sack my solicitor!!!

Tools,

What if it’s not the original fence that is on the property? The fence in this case is very new.

have only spoken to our solicitor, my mortgage broker (great man), I have not approached the R/E agent about the matter at all.

What WOULD the implications be if we tore the neighbours fence down and built our own as close to the boundary as possible???

Providing the land survey proves what the boundary lines are, of course!!

Dazzling,

If we’re in the right, won’t the offending neighbours end up having to pay all the court costs?

Thanks for your reply Wylie,

I rang the local council (where the house is) and they have said what my solicitor said “It is a private matter between the owners”.

They said the first step is to get a Land Survey done by Surveyor to determine EXACTLY what the properties’ boundaries are and go from there. Discuss with neighbour, then go to Small Claims Court or higher….

But I think my solicitor should be doing more than saying “buy now, worry about it later”….

I like to know what I’m up for BEFORE HAND.

Will see what he said to my partner thsi morning about it all.

Hi Xenia,

Haven’t brought yet, we’re going to exchange in the next few days.

Our solicitor said that when we buy it it’s up to us to approach the neighbour about the matter and take it from there. My partner is going back there today to get some more advise from him because they have encorached on more land than we orignally thought (by the looks of it). And their house is encoraching (we originally thought it might have just been land, so easy to move a fence, but not so with a house.

I don’t know how long they’ve had the land but their house is very new looking so perhaps not long at all.

We still want the place but we’re just wondering how to go about this matter.

thanks,
pasandbec

But this would leave us in the SAME position, i.e. having to paying mortgage insurance, wouldn’t it?? [confused2]

Thanks for all your replies.

I’d rather stay with the same bank with our new loan, rather than borrowing 20% from current bank and borrowing the rest from another bank. But I guess if it avoids LMI, I would do that. However, wouldn’t the next bank want us to re-finance all the loans with them?

Do all you big-time investors always pay lots of $ in Mortgage Insurance? Or do you have enough equity not to?

I how we can avoid it!

thanks,
pasandbec