Seeking guidance/thoughts on how to proceed with the results of a cadastral survey that we have recently received from our surveyor. Our property sits on 2 lots and we have received DA to demolish the house and are in the process of getting DA/BA to build two houses.
We have sought the services of a surveyor to determine whether the location of property boundaries are correct. They found that there are encroachments by the adjoining property onto our property and intend to lodge the report/plan with the Department of Natural Resources and Mines and are also required to issue encroachment notices to the relevant registered owners. The encroachment is just over 1/2 meter and we need every bit as we are building small lot codes.
From the survey report results we can undertake the following Courses of Action
1. Do nothing and the Surveyor will lodge the survey plans and issue encroachment notices.
2. Take action to remove the existing encroachment.
3. Seek legal advice to resolve the encroachment normally through easement or boundary realignment.
Seeking guidance/thoughts on how to proceed.
Property Trainee
It helps in these forums if you let us know which State the property is in. Laws relating to property titles are state laws not national laws. Assuming you are in Queensland sections 184-186 Property Law act give the overall view. The end result is probably going to partly depend on what kind of encroachment it is eg a fence is easier to move than a multistory building. Rather than go into battle guns blazing with lawyers at 20 paces, can you raise the matter with your neighbour in a friendly way and see if there is a win win situation or some compromise that doesn't cost you both a fortune and take onths to resolve
Thanks crj .. you are right the state is QLD .. and the encroachment is a car port.
The said property is currently rented .. we do not know the owner but understand that they are looking to sell it .. if this is the case, are the encroachment notices picked up by conveyancing solicitors? This would motivate the owner to come to the negotiating table ..
Property Trainee
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