Our Client 

Our clients were a couple purchasing a new property to call home.  

The Challenge 

On the day of sale – when our clients signed the Contract of Sale – a neighbour of the prospective property informed them that there was a small portion of land within their fence line which was believed to belong to the neighbour. The neighbour intended to pursue a claim for adverse possession and have the property boundaries re-established so that the portion of land fell within their title.  

The Solution 

We found and spoke to the original surveyor of the property which our clients were purchasing. The surveyor was confident that no mistakes had been made when the boundaries were pegged out for fencing. This would mean that the neighbour was mistaken, and the land inside the fenced area indeed belonged to our client.  

We recommended that for their own peace of mind, our clients should commission an independent survey of the property to confirm what the original surveyor told us.  

The Win 

An independent surveyor confirmed the original surveyor’s opinion – the boundaries of our client’s prospective property were in the correct place, and no land within their fence line belonged to their neighbour.  

Our advice and research persuaded the neighbour that he didn’t have a claim for adverse possession. Though our clients incurred the cost of an independent survey, that was much less costly than dealing with an adverse possession claim from their potential neighbour down the track, and gave them peace of mind when settlement day came along.   

The Lessons 

• It’s important to keep your conveyancer informed throughout the entire process. If our clients hadn’t sought our advice, they might still be in unnecessary conflict with their neighbour.  
• It’s almost always worth tackling potential issues as soon as they arise. It’s likely that if you ignore them until after settlement, they’ll potentially be more complicated and certainly more costly to attend to. 
• Make sure you choose a conveyancer who has the experience and expertise to deal with things beyond the scope of a simple purchase transaction. Not all conveyances are simple, but a good conveyancer can make your experience straightforward even when unexpected things pop up.