Yard war erupts after neighbour claims land as their own

A family who tried to transfer the ownership of their property after a relative died were shocked to discover a neighbour had stolen part of their yard.

The boundary discrepancy came to light during an ownership transfer after the home was left to another family member following the original owner’s death.

The family was stunned when the transfer of the property they had owned for more than 80 years revealed the neighbour had snatched part of their yard years earlier.

To make matters worse, the family had to spend thousands of dollars in legal fees to reclaim their own land – money they have yet to be reimbursed.

“My family bought a property in 1942. When the family member who was living in it died, it was left to my son,” a family member said.

“When transferring the ownership it transpired that a neighbour had registered part of our boundary and land to herself several years earlier.

“We took the matter to court and initially lost. I had to pay the neighbour (AUD $33,500) and set aside (AUD $21,500) for solicitors’ costs for the appeal.

“However, we won the case on appeal after a second judge visited the property and said the initial decision should not have been reached.

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Boundary disputes can be costly even if you are on the winning side.

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“But I have not received a penny back. The neighbour offered to pay 50 per cent, but I refused this as we were the innocent party. She then offered 30 per cent, and I refused that too.”

The family member said the issue has been compounded by the fact they were struggling to make ends meet while the neighbour who illegally took their land continued to spend money improving their own property.

Legal expert Reema Chugh told This is Money the family’s experience, although regrettable, was not uncommon.

“Winning a case and recovering legal costs are two separate stages. Even where a court or tribunal orders one party to pay the other’s costs, payment is not automatic or immediate,” she said.

“That process can take many months and, in some cases, more than a year, particularly given the continuing backlog and shortage of judges dealing with costs matters.

“Boundary disputes are particularly stressful because they are personal, lengthy and expensive. Unfortunately, even after successfully proving ownership, recovering legal costs can still be a slow and frustrating process.”