Hi all, hoping for some advice. We have an easement over a neighbours drive giving us access to our property. Easement is registered against title and was done when both houses were built. Very standard conditions of broad right of access, runs with the property in perpetuity. Neighbours drive ends at our boundary which we have had reconfirmed recently by survey. Despite me providing neighbours the easement document (ordered from Linz) and the survey (done by licensed survey company and based on Linz cadastral data set plus onsite work by the surveyor), neighbours refuse to accept the boundary is where the survey shows it to be and are parking vehicles on it. I wouldn?t mind this if they were nice but they are claiming they have a right to park there, the boundary is ?bulls&$)? and they don?t recognise it. They haven?t offered a legal basis for their position. I have spoken to the surveyor and my lawyer and think I have a strong position, but hate being wrong about these things and am stressed they will challenge us. Could they challenge us on any kind of legal basis? Any advice or reassurance gratefully received!
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Boundary issues with neighbours
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When you had a resurvey did they peg? Just make sure you know exactly where those pegs are as they can magically disappear! I'd take photo's. Also the Council aerial photo map would be helpful to show the boundary, but remember Council's cadastral overlay is not exact. Survey and survey pegs are the gold standard.
I don't know why you are concerned. You can't do any more than what you have. If they want to challenge they will need to take you to court. Very expensive exercise for them, for something that looks futile on their part. I think they are just trying you on.
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Thanks for the reply. I am concerned because they are so aggro and am trying to anticipate if there are any legal ways they can come back at me. Surveyor could not find the pegs but did a full topo survey. Measurements conform with the original ct and with the flat plan prepared in 1991 when our parcel was converted to a cross lease ( x lease neighbour is all good). I am stressing more than I need to I think.
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The x lease neighbour is not the issue- I just mentioned it as the conversion to x lease involved a survey, so my boundary with my troublesome neighbour is very legally clear. It has been surveyed 3 times- when title was created in 1954, when x lease was done in 1991, and again last year so architect could get the setbacks in our Reno correct.
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We have an easement over a neighbours drive giving us access to our property.
Or are you saying the disputed land is indeed Cross Lease land but you have a right of way easement to allow access so it should never be blocked by parked cars?
cheers,
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Donna you are correct - x lease neighbour is fine, it is the neighbours in the section beside ours, whose proprty we have a right of way easement over to access our house, that are not recognising the boundary between my parcel and theirs, or the terms of the easement.
I have done a diagram but not sure how to attach!
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