Handling a boundary dispute between neighbours
Boundary disputes engage multiple statutes depending on the nature of the dispute. Fence disputes fall under the Dividing Fences Act, building encroachments under the Encroachment of Buildings Act 1922, and long-standing occupation may trigger adverse possession principles.
This is an 8-step workflow for handling a NSW residential boundary dispute, including fence disputes, encroachments, and adverse possession issues.
Before you start
- Title searches for both lots obtained
- Registered plan(s) and any subsequent survey plans available
- Photographs and history of the boundary feature gathered
- Client instructions on the desired outcome
The workflow
Gather title and survey material
Obtain title searches, the registered plan of subdivision, and any historical survey plans. Commission a current registered surveyor report where the boundary location is in doubt.
Identify the dispute type
Identify whether the dispute is a fence dispute, a building encroachment, tree damage, easement misuse, or adverse possession claim — each has its own legal pathway.
Apply the Dividing Fences Act
For dividing fence disputes, issue a Fencing Notice under the Dividing Fences Act 1991 specifying the proposed work and estimated contribution.
Consider an encroachment application
Where a building encroaches across the boundary, consider an Encroachment of Buildings Act 1922 application to the Supreme Court for relief (removal, compensation, transfer of land).
Assess adverse possession
Assess whether the occupation is sufficiently long, exclusive and open to ground an adverse possession claim for Torrens or old system land.
Attempt neighbourhood resolution
Attempt mediation through the Community Justice Centre or direct negotiation. Document offers of settlement to preserve costs arguments.
Escalate to Local Court or NCAT
Escalate a dividing fences dispute to the Local Court if the notice is not agreed. Escalate other boundary disputes to the Supreme Court as appropriate.
Register final orders and update title
If the dispute is resolved by court order or deed, register any relevant plan, transfer of land, or easement with NSW LRS to update the title.
What you will have at the end
A resolved boundary dispute — either by agreement, Local Court fence orders, Supreme Court encroachment relief, or registered plan adjustment.
Common issues
- Relying on a visual inspection rather than a registered surveyor report
- Missing the Dividing Fences Act notice requirements
- Overlooking the discretionary nature of Encroachment of Buildings Act relief
- Not considering adverse possession where appropriate
- Failing to register the final outcome on title
Run this workflow on a real matter
Quillio drafts fencing notices, encroachment applications, and settlement deeds, mapping the dispute to the correct statutory pathway. See /practice-areas/property-lawyers or start a free trial.
This workflow is a general guide for NSW. Other jurisdictions have different dividing fences and encroachment regimes.
Try this workflow with Quillio.
Quillio can run this workflow on a real matter, with citations to current AU authority on every step. The free trial requires no credit card.
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