SHUT OUT: Phil Marcus stands at the temporary fence erected at the back of his property.
SHUT OUT: Phil Marcus stands at the temporary fence erected at the back of his property. Jarrard Potter

Tyndale couple's 'dam' boundary change

WHEN Phil and Penny Marcus first bought their Tyndale property more than 30 years ago, they thought the property boundary was 33m behind their new home.

The land was dense bush, and surveyors didn't measure the back boundary when the title was transferred.

Since then, the Marcus's established a fence along their boundary, and planted mango and mulberry trees in their yard.

However the decision not to survey the land has come back to bite the Marcus's, as four weeks ago they were told by the Roads and Maritime Services that their boundary was out by three metres, and the land was actually property of the Crown.

"It had always been there, we just thought it was naturally there," Mr Marcus said.

"When we bought the place, you have a title search. I don't know why, but when we bought the place the surveryors didn't measure the back boundary, because you think, who is going to build behind you anyway, so they didn't survey it.

"They came on October 12 and said our boundary was wrong, they drove the pegs in and said it wasn't out land, and that was that."

An RMS spokesperson said during the development of any road project, refinements to the design can take place which can result in small changes to the project boundary.

"During survey checks it was also identified the fence in place was not aligned to the true property boundary," the spokesperson said.

Construction has already begun behind the Marcus's property on a water basin that the RMS spokesperson said will be used to capture and retain sediment from work activities, and collect runoff from the new highway once it has been finished.

Mr Marcus said he has grown frustrated by the lack of communication between the RMS and Pacific Complete during the ordeal.

"They rushed in and put up a temporary fence right through the place and said this is our land and you've got no right of claim to it because it's our land," he said.

"They say we're going to do this and that's it, you're going to wear it, that's what they're like."

The RMS spokesperson said the project has very strict requirements to minimise damage on adjoining land which Roads and Maritime and its contractors have to comply with.

"Noise and vibration monitors have been installed at the property and a pre-construction property condition survey was carried out and provided to the property owners ensuring any damage could be identified after work is completed," the spokesperson said.

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