Select to expand quoteHarrow said..
I once had a neighbour that wanted me to share the cost of demolishing and rebuilding a perfectly good fence because he had a survey done and found the fence was out by about 10 cm in some places. Fair enough if it was restricting access down a driveway or something, but it was just the back end of his yard and would have made zero difference to him.
Funny isn't it. If it were me, I would just let you know that the fence was a bit out and I wanted to realign the bit that was a problem for me, at my cost.
If I were on the other side of the fence, I would have said 'sorry buddy, its not my problem, if you want it moved you pay for it'.
I had the strata of a neighbouring development tell me that I needed to pay half the cost to replace a perfectly good paling fence 'because of termites'. I don't know where they got that from but to my knowledge termites don't like eating old hardwood open to the elements, and the fence was in good condition. Of course what they really wanted was a new colorbond fence. I went so far as to tell them that I refuse to let them replace it. Not that I cared, I am just a stuborn bastard sometimes.
They outsmarted me though. I came back from holiday once to find a brand new colorbond fence had been installed.
Select to expand quoteFormulaNova said..
....They outsmarted me though...
To be fair, that probably wasn't that hard for them though was it ?
Select to expand quoteCarantoc said..FormulaNova said..
....They outsmarted me though...
To be fair, that probably wasn't that hard for them though was it ?
Ouch 
Select to expand quoteBuster fin said..Carantoc said..FormulaNova said..
....They outsmarted me though...
To be fair, that probably wasn't that hard for them though was it ?
Ouch
It's funny though, you setup jokes and expect non-replies as its so obvious, but I guess I need to start thinking at a new level. The 'Carantoc Level' 
Select to expand quoteCarantoc said..FormulaNova said..
....They outsmarted me though...
To be fair, that probably wasn't that hard for them though was it ?
Yeah, the bastards! I went away and they replaced a paling fence that would have needed replacing in the next 5 to 10 years, with a colorbond fence that will last ages and I didn't need to pay a cent. They even did it while I was away so it didn't inconvenience me.
I feel so ashamed!
The only thing I would have changed is if they did it at the correct ground level and not the excavated level, or installed a higher fence, but it was no worse than the previous one.
Select to expand quoteFormulaNova said..
.. neighbouring development tell me that I needed to pay half the cost to replace a perfectly good paling fence ...
to be fair though, from their perspective a semi-transparent paling fence between them and FormulaNova probably wasn't as perfectly good as a big, tall, solid, steel one.
Select to expand quoteCarantoc said..FormulaNova said..
.. neighbouring development tell me that I needed to pay half the cost to replace a perfectly good paling fence ...
to be fair though, from their perspective a semi-transparent paling fence between them and FormulaNova probably wasn't as perfectly good as a big, tall, solid, steel one.
Yeah, that's it.
Interesting problem. I have had a bit to do with neighbors like that and boundary disputes.
My take is that whilst this is certainly a problem you will have to deal with, it is not your fault and is outside the normal rubbish distputes that should never have reached a court. It is plainly a decades old systemic issue with property survey and associated approvals by council affecting a number of properties.
I would reinforce advice above to ensure everything you do is reasonable and in the interests of fairly dealing with the issue. This can and should go to court with even the council or surveyors as parties to the action. Courts tend to side with reasonable people trying to come to reasonable solutions.
The outcome you would be looking for is a purchase of land at prevailing rates. Provided that is not affecting your nieghbors use or enjoyment of his own property and he is fairly compensated, then it is a resonable expectation the court would come to. They will try to preserve the rights of everyone involved with least impact if no one was at fault. Your neighbor would have to show compelling evidence as to why that outcome would adversely effect them for something else to be considered.
Just my opinion, but I do have some knowedge.
Select to expand quoteParadox said..
Interesting problem. I have had a bit to do with neighbors like that and boundary disputes.
My take is that whilst this is certainly a problem you will have to deal with, it is not your fault and is outside the normal rubbish distputes that should never have reached a court. It is plainly a decades old systemic issue with property survey and associated approvals by council affecting a number of properties.
I would reinforce advice above to ensure everything you do is reasonable and in the interests of fairly dealing with the issue. This can and should go to court with even the council or surveyors as parties to the action. Courts tend to side with reasonable people trying to come to reasonable solutions.
The outcome you would be looking for is a purchase of land at prevailing rates. Provided that is not affecting your nieghbors use or enjoyment of his own property and he is fairly compensated, then it is a resonable expectation the court would come to. They will try to preserve the rights of everyone involved with least impact if no one was at fault. Your neighbor would have to show compelling evidence as to why that outcome would adversely effect them for something else to be considered.
Just my opinion, but I do have some knowedge.
Surely a court cannot make you sell your property to someone, so if the neighbour doesn't want to sell, you are so out of luck? Even if it looked fair to the infringing neighbour.
If you are in court, you are trying to be compensated by the original surveyors or someone that should know better. I am not sure that would be easy. The neighbour has nothing to do with this, and I doubt they would even care.
Of course, if your experience is difference, please share, but I would hope that no one can force you to sell part of your property because someone else made a mistake with surveying?
www.nswlrs.com.au/Plans/Plan-Registration/Boundary-Disputes
The land and environment court can order whatever they decide is just.
Think you have a decent case if the neighbor really is a ****atrd
Select to expand quoteFormulaNova said..
Surely a court cannot make you sell your property to someone, so if the neighbour doesn't want to sell, you are so out of luck? Even if it looked fair to the infringing neighbour.
If you are in court, you are trying to be compensated by the original surveyors or someone that should know better. I am not sure that would be easy. The neighbour has nothing to do with this, and I doubt they would even care.
Of course, if your experience is difference, please share, but I would hope that no one can force you to sell part of your property because someone else made a mistake with surveying?
Probably getting well out of my expertise, I am not a lawyer and of course the specifics are vague, so take my comments with the appropriate skepticism. But there are plenty of precedents where small adjustments to property boundaries is aquired through court action.
However you are correct in that if the owner wants to fight it tooth and nail, then they have a lot of rights sitting behind them to oppose a forced sale.
My comments were in relation to the court attempting to find an equitable solution. The fact that everyone has lived quite happily with the current understanding of boundaries for decades and that there are multiple council approvals based on the error shifts the problem a fair bit.
Select to expand quoteFormulaNova said..
Surely a court cannot make you sell your property to someone...
A court (in the Westminster style democracy form of government) can only interpret and uphold the law.
So if the law permits it somehow, then there may be circumstances in which a court can order it to happen.
Freehold title in Australia is reasonable robust compared to elsewhere, but not absolute. For example it gives perpetual ownership of the land, but it does not necessarily infer everything associated with the land is also owned by the title holder.
Compulsory acquisition laws do exist in Australia and so, in some circumstances, you can be ordered by a court to sell your freehold title rights.
In a case of a neighbourly dispute over boundary alignment however, the court could determine where the boundary lies, but I doubt a court could determine sale of land from one to another. I suspect circumstances may exist where a court may determine compensation be paid from one party to another, but that would likely be for past beneficial use or damage rather than transfer of freehold ownership.
I know a person who owned a house, garden and the paddock behind it. They moved the garden fence to expand the garden by about 10m and landscaped and planted out the extended garden. It was very nice, in the Gertrude Jekyll style apparently. Anyways, a neighbour who overlooked the paddock and had a side view of the now extended garden complained. It did not block their view of anything, other than a very small part of their view appearing to be more 'urban' than 'rural'. But it turned out in this council area you did indeed need planning permission to convert the rural land to garden. So the home owner did a bit of investigating on what else they needed permission to do on their freehold title - and it turned out they didn't need permission to build a wall around the paddock from scrap cars.
So they did. And then the neighbour's only view was a 5m high wall of half crushed scrap cars, No paddock, no landscaped garden, no idyllic rural outlook across majestic green pasture, hardly even a glimpse of the blue sky, just a solid wall of rusting scrap cars. I recall a Ford Cortina with no roof was the centerpiece, sandwiched between a puke-green Nissan and another Ford.
Sometimes it is better to put up with what you have than wish for something else.
Select to expand quoteFormulaNova said..
Surely a court cannot make you sell your property to someone...
From what I've read they can. If my neighbors and I can't agree on a boundary. Either party can seek a determination.
Encroachment of Buildings Act 1922
legislation.nsw.gov.au/view/whole/html/inforce/current/act-1922-023
Select to expand quotemyscreenname said..
From what I've read they can. If my neighbors and I can't agree on a boundary. Either party can seek a determination.
Encroachment of Buildings Act 1922
legislation.nsw.gov.au/view/whole/html/inforce/current/act-1922-023
Interesting.... if the encroachment was intentional, you may need to pay 3 times the land value.
Select to expand quotekk said..
Yeah but whos valueing the land?
A licenced property valuer.
Select to expand quoteHarrow said..
Interesting.... if the encroachment was intentional, you may need to pay 3 times the land value.
I'm ok paying market value for some of their land. My evidence shows surveying error was made almost 5 decades ago. It is an unexpected cost, but I'm fortunate enough to be cashed up to pay wokes for it.
Select to expand quotemyscreenname said..FormulaNova said..
Surely a court cannot make you sell your property to someone...
From what I've read they can. If my neighbors and I can't agree on a boundary. Either party can seek a determination.
Encroachment of Buildings Act 1922
legislation.nsw.gov.au/view/whole/html/inforce/current/act-1922-023
Yeah, I am surprised. The act does seem to cover this and can deny the request anyway. I wonder what standards they require in practice to approve it if the landowner refuses?
I guess like a lot of things, it would be nicer to offer the owner a decent price and hope they take it to avoid the cost of legal proceedings and chance of failure anyway.
I am not in NSW, but it sure would be nice to accidentally widen my driveway onto the neighbours land, but at three times the valuation I couldn't afford it anyway.
Good luck, and I hope your neighbours are accommodating.
Select to expand quotemyscreenname said..
Has anyone got some good strategies on dealing and getting on with people you dislike on a daily basis?
Just on this topic, in everything, no one likes to lose, so how do you make this a win for the neighbours where they think they are getting a windfall for giving you a strip of useless land?
If it were just 'dealing' with people it is easy, but getting them to approve something they may not have to is a different proposition.
Select to expand quotemyscreenname said..FormulaNova said..
Surely a court cannot make you sell your property to someone...
From what I've read they can. If my neighbors and I can't agree on a boundary. Either party can seek a determination.
Encroachment of Buildings Act 1922
legislation.nsw.gov.au/view/whole/html/inforce/current/act-1922-023
My impression was that the boundary has been surveyed and is not in your favour? Error or otherwise in the original setout the cadastral boundaries are as per the subdivision lot plan and easily (but costly) surveyed.
Select to expand quoteParadox said..
My impression was that the boundary has been surveyed and is not in your favour? Error or otherwise in the original setout the cadastral boundaries are as per the subdivision lot plan and easily (but costly) surveyed.
Yes, you are correct. We have to try and negotiate a boundary adjustment and if that doesn't work out we need to get a determination.
I think I have found the ultimate way to give endless annoyance to a neighbour who has been a pain in the neck for us for years
A eastern states based child care company has taken a liking to the location of our home - a large [for our suburb] corner block not very far from the local primary school,
They are offering above market rates for our place, so I need to extract my digit and see what is reasonably local that suits our needs / wants, then get back to the company and see if we can cut a deal. 
I have no qualms about our place being full of noisy kids next door to the pita neighbour - but feel guilty about what our other [real nice] neighbours would have to put up with....
