A Sydney woman who took her neighbours to the Supreme Court over a carport encroaching just three centimetres onto her property has walked away empty-handed after rejecting a $20,000 offer to settle the bitter dispute.
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who → take → dispute
Jian Min Xu, a nurse from Sydney's affluent Lower North Shore, demanded $56,649 from her neighbours after a years-long battle over a tiny strip of land escalated into an extraordinary legal showdown.
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battle → demand → showdown
But a Supreme Court judge has found her neighbours had not acted unreasonably, that their encroachments were relatively minor and that Ms Xu is not entitled to recover her legal costs.
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Xu → find → costs
And while the battle over the property boundary is finally over, the neighbours are understood to no longer be on speaking terms after racking up huge legal bills.
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neighbours → understand → bills
The dispute began in June 2022 when Ms Xu hired a surveyor to establish the boundary between her property and that of her neighbours, Royalston and Meredith Martin, ahead of building a new dividing fence.
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Xu → begin → fence
The garage and carport were approximately 42 years old and had been in place for decades before the dispute erupted.
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dispute → erupt → decades
The survey revealed the Martins' carport, along with the eave and gutter of their garage, extended about 13 centimetres above her land.
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carport → reveal → land
A carport post also crossed the boundary by just three centimetres.
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post → cross → centimetres
Jian Min Xu from Sydney took her neighbours to the NSW Supreme Court after discovering their carport encroached by three centimetres onto her land
A survey found the carport post encroached onto her property by about three centimetres
Ms
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post → take → centimetres
Xu raised the issue with her neighbours in September 2023 and asked for the offending structures to be removed.
However, almost two years later, the work had not been completed, with conflicting surveys and a tradie taking out the wrong carport post, contributing to the delay.
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surveys → raise → delay
Frustrated by the perceived lack of action, Ms Xu launched legal proceedings in July 2025 and asked for a court to order the removal of the remaining encroachments.
She also sought damages, including aggravated damages, and court orders relating to alleged trespass and interference with her land.
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She → frustrate → land
A further survey commissioned by Ms Xu identified additional encroachments of between one and three centimetres.
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survey → commission → centimetres
Rather than fight over the conflicting survey findings, the Martins agreed to remove the structures.
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Martins → fight → structures
By May 2026, every identified encroachment had been removed.
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encroachment → identify → May
The following month, Ms Xu demanded $56,649.37 to settle her claim.
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Xu → demand → claim
NSW Supreme Court Justice Ian Pike found there was no evidence of unreasonable conduct from her neighbours - Royalston and Meredith Martin
Her neighbours refused, instead offering her $20,000 to bring the proceedings to an end.
Ms Xu rejected the offer.
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Xu → find → offer
In a judgment handed down last week, Justice Ian Pike ordered both sides to pay their own legal costs after finding there was no evidence the Martins had acted unreasonably.
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Martins → hand → costs
'The alleged encroachments relate to structures which have been in place since 1984,' he said.
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he → allege → 1984
'The boundary determination found that there were some encroachments, although it must be observed that they were of a relevantly minor nature.
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they → find → nature
The judge found the structures had not seriously affected Ms Xu's ability to use or enjoy her property, although they could have interfered with her plans to build a dividing fence.
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they → find → fence
He also rejected suggestions her neighbours had deliberately dragged their feet over removing the structures.
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neighbours → reject → structures
'At no stage did the defendants indicate that they would not remove the encroachments.
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they → indicate → encroachments
I do not regard the time taken as indicating any implicit refusal to do the work,' he said.
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he → regard → work
Justice Pike acknowledged Ms Xu's frustration over the delays but found there was no basis for concluding the Martins had abandoned their commitment to remove the encroachments.
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Martins → acknowledge → encroachments
Ms Xu told the Daily Mail last week she was disappointed by the decision and was considering an appeal.
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she → tell → appeal
The Daily Mail has contacted Royalston and Meredith Martin for comment.
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Mail → contact → comment
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