Boundaries and easements
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What can I do if I think a boundary is incorrect?
If you believe that a boundary line is incorrect, you may at your own cost, carry out a survey to prove the correct boundary line.
If you want a neighbour to pay towards the cost of the survey, you should give notice of intention to survey. If the survey proves your view that the boundary line is incorrect, your neighbour must pay one half of the cost of the survey.
A surveyor can temporarily remove fences and enter private land to carry out a survey. It is an offence to remove survey pegs unless it is necessary for the building of a fence or building.
What can I do if part of the neighbour's property goes over the boundary?
If part of a neighbour's house, shed, pool or other construction, goes over the boundary line (including hanging over without actually touching the land) it is called an encroachment and legal action may be taken to:
- have the encroachment removed
- be compensated for the encroachment
- have the boundaries redrawn with suitable transfer of land and/or compensation.
What is an easement?
An easement is a right to enter into someone else's land, usually for gaining access to neighbouring land or for the reason of providing a service such as electricity.
The law concerning water run offs, boundaries, encroachments and easements is complex and you should get legal advice if you have any concerns.