Boundaries (Property)

[Dot]

If a house was in the middle of a larger section of land and many yrs later that land was subdivided and sold, then sold again now with a house built on the land, then the original house was for sale BUT the new house says the boundry of the old house is the house wall which makes the chimney, eves and the window shelter now on the new houses land???? So who was at fault here ??

[T1 Terry]

First move, verify the surveys pegs, it's easy to dig them up and move them, lazy surveys don't verify they are correctly positioned. We got caught with this at my mothers house, the developer had built a block of flats too close to the centre line of the road way, so there was not enough provision for the foot path etc, he moved the surveyors peg so everything was within the requirements. When the house next door to my mothers was being prepared for sale, the surveyor told the owner the fence line was in the wrong place and part of our yard belonged to them. it took some time to sort and then the sh*tte really hit the fan, half the street had been surveyed from the repositioned surveyors peg.

So, start with proving the facts, if there is still a problem, if there is the person doing the original subdivision and who ever approved it must sort out the mess. You may end up with the subdivision being squashed and the owner on 2 houses on one block, then you can go about selling your half to the other people involved.

[Dot]

Council were the ones that sold the land off, some shonky business there .. I have put a call into the council "planning & development" but no joy yet with a reply call... To get it re surveyed that will cost big $$$$$ & can you see the council admitting they cocked up??

[pop's coaster54]

Hi Dot.

So the council cocked up did they.

Karen,Ron and the Girls.

Just coasting along.

[BruceS]

Dot I've been involved in several land divisions and every time the surveying was done my registered land serveyors.
Having said that the much more modern way of GPS surveying although more accurate will result in some changes to boundaries done many years ago.
They use a GPS like us but with an extra transmitter from a MASTER point. Accurate to millimetres.
There are MASTER servey marks that are used to narrow down to your boundary.
There are TRIG points that narrow down the master ones. etc etc.
Now in most cases if a block is to be surveyed for either sub-division or just to check the boundaries are where you think they are, they just go from the nearest MASTER one.
These MASTER ones are usually at major intersections and can be up to a KM apart.
Most serveyors will openly admit there can be a difference depending if you work from one MASTER or from another one.
Sawley & Lock in Mount Gambier do nearly all of the SE of SA.
It may be worth your time to chat with one. (or them?)

By the way, unfortunately as you live in SA the rule that applies in Victoria doesn't apply here.
"""" If you have used said land as if it was in fact your land for a period (I think 7 years?), then you have the right according to law to claim it as yours.""""

Another point is that the little white pegs or the steel pins are almost NEVER in the right place. On a serveyors chart you'll see marked something like "mark is 1.24metres 123 degrees from metal pin". They do that because most times they can't mark the spot if it's directly under a brick fence etc.
Sawley & Lock printed out a HUGE A2 (I think?) chart for me. (FRee) Give them a ring & see if they have one of your area?
http://www.sawleylock.com.au/index.htm I see they are in Adelaide as well.

[bellett65]

First move, verify the surveys pegs, it's easy to dig them up and move them, lazy surveys don't verify they are correctly positioned. We got caught with this at my mothers house, the developer had built a block of flats too close to the centre line of the road way, so there was not enough provision for the foot path etc, he moved the surveyors peg so everything was within the requirements. When the house next door to my mothers was being prepared for sale, the surveyor told the owner the fence line was in the wrong place and part of our yard belonged to them. it took some time to sort and then the sh*tte really hit the fan, half the street had been surveyed from the repositioned surveyors peg.

So, start with proving the facts, if there is still a problem, if there is the person doing the original subdivision and who ever approved it must sort out the mess. You may end up with the subdivision being squashed and the owner on 2 houses on one block, then you can go about selling your half to the other people involved.

That happened in Balwyn in Vic. Owner went to sell and found the whole street was out by half a block. Mind you it was subdivided in the early 20s

Peter