If you and your neighbour are in dispute over where the common boundary of your properties lie, you may need to engage a licensed surveyor to carry out a survey and then lodge an application with the Registrar-General to apply for a boundary determination. Our team of environmental and planning lawyers have assisted in the resolution of boundary disputes, down to a few centimetres, to working with the clients and the Registrar-General to resolve boundary determination, resolving boundary issues and registration.
If a person has occupied a part of the land not belonging to them, the owner of the land may have lost the right to remove them under a legal principle knows as “adverse possession”. Generally, after 12 years, the owner may have lost their right to remove them from their land, although there are many exceptions to this. Our environmental and planning law team can advise you on your rights in this complex legal area. It will also depend on whether the land is privately or publicly owned, old system or Torrens Title.
If your neighbour enters your land without your consent and you have asked them to leave, then this is known as trespassing. If this occurs, you may need to enforce your legal rights and seek urgent orders from a Court. Please visit our Land & Environment Court page or contact our experienced environmental and planning lawyers for further information.