Managing Property Boundary Disputed Fences and the Fencing Notice Process in Victoria

Summary

A landlord discovered a 10-year-old boundary fence encroaching 11cm onto their land, blocking the construction of a retaining wall. The community highlighted that under Victorian regulations, the adverse possession threshold is 15 years. Since the encroachment report indicates the fence is around 9 to 10 years old, the landlord retains the right to demand relocation. The recommended course of action is to issue a formal Fencing Notice, allowing the neighbor 30 days to respond. If the neighbor refuses or remains unresponsive, the landlord can escalate the matter to the Magistrates' Court or VCAT. Historical satellite imagery (such as Google Earth) was suggested to definitively prove the fence's age.

Key Points

Why it matters: Encroaching boundary fences can cause major issues during construction, such as building retaining walls. Landlords must understand the statutory timelines, surveyor evidence requirements, and adverse possession time limits before taking physical action.

A landlord discovered a 10-year-old boundary fence encroaching 11cm onto their land, blocking the construction of a retaining wall. The community highlighted that under Victorian regulations, the adverse possession threshold is 15 years. Since the encroachment report indicates the fence is around 9 to 10 years old, the landlord retains the right to demand relocation. The recommended course of action is to issue a formal Fencing Notice, allowing the neighbor 30 days to respond. If the neighbor refuses or remains unresponsive, the landlord can escalate the matter to the Magistrates' Court or VCAT. Historical satellite imagery (such as Google Earth) was suggested to definitively prove the fence's age.

Practical Takeaway

Use this note as a practical prompt before making decisions. Check the rules in your state, keep written records, and seek qualified advice where needed.