Neighbour disputes are some of the most common property law issues faced by homeowners across Australia. These disputes often arise because of disagreements about dividing fences, property boundaries, overhanging trees, access rights, or the use of neighbouring land.
A boundary dispute occurs when two property owners disagree about where the legal boundary between their properties sits or how the land should be used. Resolving these disputes early can help avoid costly legal proceedings and protect relationships between neighbours.
This guide explains how property boundaries are determined, what steps you can take to resolve a boundary dispute, and how legal issues such as easements and adverse possession may affect your rights.
The information in this article is general in nature only. You should obtain legal advice based on your individual circumstances before taking action.
What Is a Property Boundary Dispute?
A property boundary dispute occurs when neighbouring owners disagree about the location, use, or ownership of land between their properties.
Common causes of boundary disputes include:
- Incorrectly positioned fences
- Unclear or outdated property plans
- Encroachments, such as buildings or structures crossing a boundary
- Disagreements about dividing fence costs
- Access issues involving neighbouring land
- Claims relating to long-term use of another person’s property
Although many boundary disputes begin as minor disagreements, they can become complicated if they remain unresolved for a long period of time.
How Are Property Boundaries Determined?
The legal boundary of a property is not always determined by the location of an existing fence. While fences can provide an indication of where a boundary sits, they do not necessarily represent the true legal boundary.
For new developments, boundaries are usually easier to identify. Developers generally provide property plans, and survey markers may be placed on the land to show the boundary location.
Older properties can be more difficult because fences may have been installed years or even decades earlier. A fence may have been positioned away from the legal boundary due to construction difficulties, landscaping decisions, or misunderstandings between previous owners.
The most reliable way to confirm a boundary is through a professional survey. A registered surveyor can examine title information and land measurements to identify the exact property boundaries.
The NSW Land Registry Services provides access to official land title information and property records that can assist with understanding property ownership and boundaries.
Boundary Fence Location vs Legal Property Boundary
| Issue | What It Means |
|---|---|
| Existing fence location | A fence may indicate where neighbours believe the boundary sits, but it may not match the legal boundary. |
| Surveyed boundary | A professional survey identifies the legal position of property boundaries. |
| Property title documents | Title records provide important information about ownership and registered interests affecting the land. |
| Physical landmarks | Features such as rivers may form boundaries in some cases, although special legal rules may apply. |
How to Resolve a Boundary Dispute
The best approach to resolving a boundary dispute is usually to address the issue early and communicate with your neighbour before the disagreement escalates.
1. Discuss the Issue With Your Neighbour
Open communication is often the simplest way to resolve a disagreement. Both parties should try to understand the issue and discuss possible solutions before taking further action.
2. Review Property Documents
The next step is to review relevant documents, including title information, plans, and any existing agreements relating to the property.
3. Arrange a Boundary Survey
If the location of the boundary remains unclear, a professional survey may be required. A survey can confirm the legal position of the boundary and provide both parties with reliable information.
4. Agree on a Practical Solution
If a fence is missing or incorrectly positioned, neighbours may need to work together to determine whether a new fence should be installed or relocated.
In Australia, neighbours generally share responsibility for the cost of a reasonable dividing fence. The specific rules differ between states and territories.
For example, in New South Wales, the NSW Fair Trading dividing fences guidance explains the responsibilities of neighbours when dealing with fencing issues.
Can a Neighbour Force You to Pay for a Fence?
In many circumstances, neighbours are legally responsible for contributing to the cost of a reasonable dividing fence. However, disagreements can arise about what type of fence is appropriate, the cost involved, or whether a replacement is necessary.
| Situation | Potential Outcome |
|---|---|
| No existing fence | Neighbours may need to agree on installing a reasonable dividing fence. |
| Damaged or inadequate fence | The parties may need to share repair or replacement costs. |
| Disagreement about costs | Legal advice or formal dispute resolution may be required. |
How Easements Can Affect Boundary Disputes
Some boundary disputes involve more than just the location of a boundary line. An easement may give one person a legal right to use part of another person’s land for a specific purpose.
For example, an easement may allow a neighbour to access their property through another person’s land. If a boundary dispute involves access rights, it is important to check whether an easement exists on the property title.
A registered easement can create legal rights and obligations that continue even when ownership of the property changes.
What Is Adverse Possession?
Adverse possession is a legal concept that may allow a person to claim ownership of land they have occupied and used for a significant period of time.
The rules differ between Australian states and territories. Generally, a person may need to show that they have openly, continuously, and exclusively used the land for the required period.
For example, if someone has fenced off part of a neighbour’s property and used that land as their own for many years, an adverse possession claim may become relevant.
Adverse possession is a complex area of property law. Anyone who believes they may be affected by an adverse possession claim should obtain legal advice.
Frequently Asked Questions About Boundary Disputes
Does a fence determine the legal boundary?
No. A fence may show where a boundary appears to be located, but it does not always represent the legal boundary. A professional survey may be required to confirm the exact location.
Who pays for a dividing fence?
Generally, neighbours share responsibility for the cost of a reasonable dividing fence. However, disputes can arise about the type of fence required, the costs involved, or whether the work is necessary.
Can I move a fence if it is on my property?
You should not move or remove a boundary fence without first confirming the legal position of the boundary and considering your neighbour’s rights.
When should I get legal advice about a boundary dispute?
You should consider obtaining legal advice if you cannot agree with your neighbour, believe a structure crosses the boundary, or are concerned about issues such as easements or adverse possession.
Resolving Boundary Disputes With Legal Advice
The most effective way to resolve a boundary dispute is usually through early communication, accurate information, and a practical approach.
Property law can become complex when ownership rights, easements, fences, and long-term use of land are involved. A legal professional can help you understand your rights, negotiate with your neighbour, and document any agreement reached.
If you or someone you know needs assistance with a property boundary dispute, contact us on (02) 9818 2888 or email [email protected].