Denali Demo and Rebuild

The level of insanity here is off the charts.

Firstly, survey found neighbour we don't like is 20cm into our land... but considering the fence has been there for 25yrs I doubt we have any recourse but will enjoy having our lawyer send them a letter about rectification if they start to complain about build.

Then, yeah, the dunny arrived. We were so excited, it was ridiculous.
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Then the fill soil stuff arrived.
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Then the excavation people showed up with multiple trucks, was told this would happen Friday.
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Then coucil showed up..... to remove a dead tree that was dropping branches on the road that I reported many months ago. No notice given but they offered traffic control for free that the truck drivers took advantage off 🤣
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Denali said:
but considering the fence has been there for 25yrs I doubt we have any recourse
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I dunno about that. Anything to do with land tends to have a long memory. How long is the boundary? 15m? That's 3 sq m - divide that into the sq m value of the block and to me that's a bit of money. But if you move the fence, you'll have to split the cost :( .

If it were me, I'd just let the neighbour know now and let them stew on it.
 
That side is 26mtrs long and considering they concreted up to the fence, it'll be a bit of a shock to be told to remove it. I wouldn't pay to remove their concrete paths.
 
Denali said:
That side is 26mtrs long and considering they concreted up to the fence, it'll be a bit of a shock to be told to remove it. I wouldn't pay to remove their concrete paths.
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In NSW there is a 12yr period after which the other party can lay claim to the land. I believe, and someone might correct me, a solicitor notification at this time sets the ownership so no dispute later on. Likely completely different in Vic. That's my 2c. ;)
 
prozac said:
In NSW there is a 12yr period after which the other party can lay claim to the land. I believe, and someone might correct me, a solicitor notification at this time sets the ownership so no dispute later on. Likely completely different in Vic. That's my 2c. ;)
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My 2 minute google of that was that it only applied to full lots and not portions of a lot. But I'm definitely not a legal professional.
 
My old boss has closed off the road, due to Council building the road on his property. Council wont pay the $$ he is asking for.

Old maitland Rd will remain closed with no end in sight! Council locked into a dispute with land holders around ownership of land council built the rd on that they didn't own.

It's disappointing to have this happen hopefully sense comes to council very soon and we can get our Rd back.

Contact council with your concerns.

#CessnockCityCouncil

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Yikes. Please let us know what happens as it sounds fascinating!

Workers back on site today at 6.53am to complete (hopefully) the cut and fill.... now seeing a bit of the layout and freaking out about how small it looks but Ive read that feeling is very normal. Got to keep reminding myself the room sizes are bigger than what the dirt layout looks like and bigger than what our old house was.


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This is main layout, exc upstairs man-cave for Mr Denali. Yes, Im putting an ugly corner bath in as its was a really high want for us as we love using them (when at hotels). We turned 4th bed into media room as we have upstairs for media room as a resale option so can put a door on it and its a bedroom again. Elevator option in future via nook if really required.

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Denali said:
That side is 26mtrs long and considering they concreted up to the fence, it'll be a bit of a shock to be told to remove it. I wouldn't pay to remove their concrete paths.
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It is known as adverse possession, and usually occurs after 12-15 years. That is, if the boundary fence has been there longer than that, then that is regarded as the boundary. A solicitor friend of mine used this a few years ago when she found her house had been built onto council land by a metre. But it had been more than 20 years, so she got to keep it when council did the survey for her renos.

After 25 years it is unlikely you could do anything. But I agree with sending a letter to the neighbour to give them a start! :D
 
JessicaTam said:
It is known as adverse possession, and usually occurs after 12-15 years. That is, if the boundary fence has been there longer than that, then that is regarded as the boundary. A solicitor friend of mine used this a few years ago when she found her house had been built onto council land by a metre. But it had been more than 20 years, so she got to keep it when council did the survey for her renos.

After 25 years it is unlikely you could do anything. But I agree with sending a letter to the neighbour to give them a start! :D
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15 years is the minimum in Victoria, but generally the courts won't look at it until it's 30 years at least. Slices of lots can be claimed, although it's rare, it's usually bigger pieces of land, if not whole properties. If you're up to it, this presentation gives a good run down https://surveying.org.au/wp-content/uploads/2018/04/4-Phillip.pdf

As suggested, send a letter with a copy of the survey and state something along the lines that you have identified the fence is in the wrong place, and that at this point in time you see no need to move it (being a good neighbour etc...). But, if it has to be replaced, then the fence will have to go on the proper alignment. That resets the time on any claim.
 
Today we were officially locked out as gates finally arrived... well, kinda locked out as they didnt put a lock on it and our SS asked would we as our demo people left their cable/lock here so we're locked out but with access 🤣

Piers were booked for tomorrow but with the weather, we dont know if its going to happen until next week so its wait and see.

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Today's, My lot must be magical because randoms can't leave it alone BS, is someone put their dogs on our locked site for..... a walk? a poop?

It's not one of the workers because he had to come in to mum in laws property to go through a side gate to get them... all without permission.

We were at the pools when this happened so now I'm on the lookout for the neighbour with malamutes.

People are nuts or just my area?

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It gets more bizarre. On the way home from swimming we saw the same dogs two streets away, walking down the footpath and enjoying their great escape.

Then Council Animal Control just showed up, didnt know they still existed, they had a report of 2 dogs being tied up in our site, Told them what we saw on the cameras and spotted the dogs two streets away.
 
My Denali was out the front, looking at the natives we planted in front of our fence and have safety cones and bunting to tell tradies do not drive over our trees... like the demo guy did.

Random stranger to Mr Denali as hes almost back at mum in laws driveway: Whats happening here?
Mr Denali: What do you mean?
Stranger: With the house?
Mr Denali: What house?
Stranger: The house next door? Its gone, what are they building? Are they building a double storey?
Mr Denali; The HOUSE is GONE?!?!?!?!?.

😁
 

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