My friend has land in Brisbane, and it has been surveyed and the next door neighbour has built half his house on her land, i know that this will have to go to court but i’m after any suggestions any one might have. Like what the out come might be. Thanks for your suggestions.
Wade.
Wade
Hi,
I don’t know much about the council side of things but the worst case scenario for the neighbour (if he is found to be in the wrong) will be he has to remove it. That’s the general outcome for building without permission, and structures not being passed by council. Maybe she should suggest he buys that portion of land from her and have it rezoned??
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It may depend on how long the house has been there.It varies state by state,but if it has been there for around 10 years,the neighbours can claim the land as theirs by adverse posession.
Tools
Hi Wade
The best legal answer I can give you is that ‘it depends’. I studied for 5 years to learn how to say that!
It really does all depend on why the neighbour build on your mate’s property. There are a few technical ways for the neighbour to legitimately on the land without recourse, but they are very rare indeed. One reason (VERY simplified) is if the neighbour had use of the land for about 20 years and your mate or his/her predecessor knew about it and did nothing about it then the neighbour may have a claim to that portion of the land. But this is VERY rare.
The probable outcome will be that the nieghbour will have to remedy the situation, either by knocking down the part of the house on your mate’s land or by buying that part of the land from your mate.
How long has your mate owned the land. If it was a recent purchase, I query why it wasn’t picked up during the searches. If it wasn’t picked up and it should have been then he could sue the conveyancer.
Your mate really should go to see a solicitor who specialises in the area.
Cheers
K
*This is not legal advice and should not be construed as such*
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