Hoping someone may have some advice here.
Side boundary fence was partly destroyed in storm and in clearing debris for a new fence noticed pegs didn't line up to where fence had been.
To make sure the new fence goes in the right place I asked a surveyor to come out - they've surveyed and found that the fence had been 'straightened' by the neighbour before I purchased to enable the neighbour to build a sleepout. Unfortunately the sleepout crosses the actual boundary by 1m down most of the fenceline.
I've spoken to the council who've confirmed the sleepout is not a legal structure as given size and location it required consent which was never applied for and consent can't be give retrospectively as it crosses the boundary. But say the most they can do is issue a non-compliance notice to remove the structure and then place a notice on the title of non-compliance.
I've approached the neighbour and advised I want them to remove the sleepout so I can re-fence the actual boundary and reclaim my encroached land but they've brushed me off saying I'm being fussy and that as their sleepout is a fixed structure I simply have to accept that this is no longer my land as they occupy it They're also demanding I pay half to re-fence where they want fence so they keep their sleepout (and my land).
From looking on consumer law I feel I'm in the right and that the only way they can legally claim the land is to re-define the land parcel through a cadestral surveyor and buy that portion of land from me.
Any advice?
Side boundary fence was partly destroyed in storm and in clearing debris for a new fence noticed pegs didn't line up to where fence had been.
To make sure the new fence goes in the right place I asked a surveyor to come out - they've surveyed and found that the fence had been 'straightened' by the neighbour before I purchased to enable the neighbour to build a sleepout. Unfortunately the sleepout crosses the actual boundary by 1m down most of the fenceline.
I've spoken to the council who've confirmed the sleepout is not a legal structure as given size and location it required consent which was never applied for and consent can't be give retrospectively as it crosses the boundary. But say the most they can do is issue a non-compliance notice to remove the structure and then place a notice on the title of non-compliance.
I've approached the neighbour and advised I want them to remove the sleepout so I can re-fence the actual boundary and reclaim my encroached land but they've brushed me off saying I'm being fussy and that as their sleepout is a fixed structure I simply have to accept that this is no longer my land as they occupy it They're also demanding I pay half to re-fence where they want fence so they keep their sleepout (and my land).
From looking on consumer law I feel I'm in the right and that the only way they can legally claim the land is to re-define the land parcel through a cadestral surveyor and buy that portion of land from me.
Any advice?
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