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Encroachments onto land can be stressful and frustrating to the owner of land which is being encroached upon. Some neighbours may be conducting activity on their land which has effectively “claimed” a portion of an adjoining lot. This can occur either through the growth of trees and other shrubs which overhang into a neighbour’s property with the passage of time, or adjoining landowners can develop their land by building an extension that effectively “elbows” the neighbouring lot.

Some neighbours may be doing this without knowing that their activity is causing a nuisance or constituting a trespass. For this reason, it is wise to first make arrangements to amicably convey all relevant concerns, so that a resolution can take place without the atmosphere of hostility. Alternatively, some disputes involve neighbours who are entrenched in their position and refuse to negotiate.

Either way, the dimensions of property would first have to be clearly established so as to ascertain precisely who is liable for what. Relying on old places, surveys and old conveyances may not be sufficient. It is not unusual to sometimes require the production of an updated survey report.

It may be the case that a continued encroachment onto land which has not been objected to and rectified over a period of time, may in fact create a de facto right for the encroaching party to continue its occupation of the disputed portion of land. For this reason, it is important to deal with encroachments and overhang as soon as they become apparent. In some cases, the doctrine of adverse possession may be applicable in such situations as well.

Either way, Navado Lawyers and Solicitors are mindful of the expensive nature of litigation and we seek to resolve boundary and related disputes through a process of negotiation before any formal Court action is taken. For more information about overhang and encroachments, see “Trees and Tree Disputes” and our “Boundary Disputes” sections.

If you or your neighbour’s property is subject to a claim of encroachment or overhang, there could be a variety of significant legal issues that need to be weighed up and investigated, before you take action to remedy the situation. Our property lawyers and encroachment lawyers have been assisting property owners with encroachment and overhang issues for over a decade and we have the experience and skills needed to help and guide you through your property matter.

If you would wish to discuss encroachment and overhang issues in more detail, you can contact our firm on (02) 9233 4048 or send an email to info@navado.com.au and book a meeting with our property solicitors and encroachment solicitors. 

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This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.

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