Kings New York Boundary Line Agreement to Cure an Encroachment
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FAQ
After 10 years, the trespassing neighbour may apply to the Land Registry, however, the current owner will be given a chance to object via a counter notice. If the owner does not file a counter notice then the trespassing neighbour may be registered as the owner of the land.
Territorial disputes can be resolved successfully with peaceful conflict management tools such as arbitration and adjudication through international courts. The successful settlement of border disputes promotes democratization and helps secure the stability of shared borders in the long run.
The NSW Encroachment of Buildings Act 1922 (the Act) deals with situations in which a building or structure encroaches over a land boundary. This includes but is not limited to walls, overhangs and part of a building/structure that is above or below the ground.
If all else fails, and you decide to take legal action about the boundary, please note that there is normally a strict time limit of 12 years within which action can be taken. This is a complex issue and specific advice should be sought from a solicitor.
Getting professional help with a boundary dispute Negotiate directly with the neighbour to achieve a settlement of the dispute that has arisen; or. Agree with the neighbour to enter into a form of Alternative Dispute Resolution (ADR), and in the present conundrum I would recommend Mediation; or.
Is there a time limit on boundary disputes? You will want your boundary dispute to be resolved within 12 years so that adverse possession cannot be used for another party to gain ownership of your property.
There are presently two ways in which boundary disputes can be resolved by the Courts: Make an application to HM Land Registry. This might be to alter the register, or to have the boundary determined (this does not refer to a decision by the registrar, but to an entry on the register defining the boundaries).
In NSW, the Encroachment of Buildings Act 1922 regulates situations where a building is built across a boundary. It applies to a 'substantial building of permanent character' and includes walls, overhangs and any part of a building above or below ground that crosses a boundary.
So this is different from the so called 'Seven year rule' which comes from Section 157(4) of the Planning and Development Act 2000. This means local authorities can't serve enforcement notices for an unauthorised development when seven years have passed since the commencement of the development.
If you know where the boundary is and you don't need to follow the process for party walls, the best approach is to talk to your neighbour. Talk to them face to face if you can - make a note of what you agreed. If you don't feel comfortable speaking to them, write to them or ask someone to contact them for you.