Boundary dispute intake checklist
Boundary disputes turn on title evidence, survey re-establishment, and statutory dividing fence and encroachment regimes. This checklist is for lawyers taking instructions on a new boundary dispute.
This is a 12-step checklist for intake of a boundary dispute. It covers title, survey evidence, encroachment, dividing fences, and remedies.
The checklist
Obtain client instructions
Record detailed instructions on the nature of the dispute and desired outcome.
Obtain title searches
Obtain current title searches for both properties.
Obtain deposited plans
Obtain the deposited plans showing the registered boundaries.
Obtain historical searches
Obtain historical deeds and plans for long-standing boundaries.
Engage a registered surveyor
Engage a registered surveyor to re-establish the boundary.
Document encroachments
Document encroaching structures with photos, measurements, and survey marks.
Identify dividing fence issues
Identify dividing fence obligations under the relevant state Dividing Fences Act.
Consider encroachment legislation
Consider whether the Encroachment of Buildings Act or equivalent applies.
Serve notice to neighbour
Serve a letter of demand or statutory notice as required.
Attempt mediation
Consider mediation through community justice centre before litigation.
Assess court jurisdiction
Assess Supreme Court jurisdiction for encroachment orders or Local Court for dividing fence.
Prepare file memo
Prepare a file memo summarising facts, evidence, and recommended strategy.
When this checklist applies
Use at intake of any boundary, fence, or encroachment dispute.
Common pitfalls
- Relying on Google Maps instead of registered survey
- Missing encroachment legislation remedies
- Ignoring dividing fence statutory process
- Wrong court jurisdiction selected
- Not preserving surveyor pegs on site
Run this checklist on a real matter
Quillio can prepare boundary dispute intake memo and identify statutory options. See /practice-areas/property-lawyers or start a free trial.
General guidance for boundary dispute intake. Apply state legislation and court procedure.
Use this checklist on your matter.
Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no credit card.
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