Survey says ….
Walls, sheds and more permanent structures, such as swimming pools and even houses can sometimes inadvertently be built outside the boundary of your property. This is an encroachment and if your neighbour is unhappy about it and the issue cannot be solved readily, it can be tricky.
Encroachments in new subdivisions are just as likely to occur as in older suburbs. As people try to utilise all of the land available to them, mistakes about the placement of boundaries can lead to unintentional encroachment.
Encroachment is usually discovered when a survey is taken of the property boundary. If you make this discovery, what are the options available to you? You may decide that the encroachment is of no consequence and do nothing, or you may be in a position to approach your neighbours to discuss the issue. Reasonable solutions, such as removing the encroachment may be able to be decided between the parties. Mediation is often useful for resolving issues and the Community Justice Centre offers a free mediation service.
The Encroachment of Buildings Act (NT) allows a party to apply to the Supreme Court for relief in respect of an encroachment. The Supreme Court can order compensation be paid to your neighbour, the affected land be sold, transferred or leased to the other party, an easement be granted or the encroachment removed. The decision of the court is dependent on the individual facts and circumstances of each case.