Updated 25 October 2026
What Property Buyers Need to Know About the Contract for Sale #9: How do I verify the property’s boundaries?
Before buying property in NSW, check that the land described in the contract matches the land you have inspected and intend to use. A fence, driveway or garden wall may suggest a boundary without marking its legal position. Your solicitor reviews the title and contractual position, while a registered land surveyor investigates where the boundary lies on the ground.
At CM Lawyers, we recommend raising boundary concerns before exchanging contracts, particularly where a building sits close to a fence or your plans depend on a particular frontage or access route. Establishing the facts early gives you an opportunity to assess the risk and negotiate appropriate terms before committing to the purchase.
Start with the title and registered plan
Ask your solicitor to check the lot and deposited plan details against the contract, current title search and relevant registered plans. A street address alone does not identify the precise parcel being sold. A title search identifies registered ownership and recorded interests, including relevant easements and restrictions. The plan provides survey information needed to investigate the parcel’s boundaries.
These documents do not establish that every existing fence or improvement stands within the correct boundary. Nor will a title search necessarily reveal a neighbour’s complaint or an unrecorded encroachment. Ask the seller about known disputes, previous surveys, notices and agreements, and give the responses to your solicitor. Legal records and physical investigation answer different questions.
Treat fences and online maps as starting points
A fence can be evidence of occupation without being conclusive evidence of ownership. It may have been erected for convenience, moved during building work or retained despite an earlier discrepancy. Its age alone does not resolve the legal position. Similarly, a visible peg needs professional identification; buyers should not assume that every post or marker is an authoritative survey mark.
Online property maps and aerial imagery help you understand the site, but their boundary overlays should not be used to measure a disputed strip or position a new fence. Apparent alignment on a screen cannot replace a boundary survey. Avoid moving markers or altering the disputed area while the evidence is being checked.
Engage a registered land surveyor with the right scope
For boundary work, engage a NSW registered land surveyor and check their registration through the BOSSI public register. Explain the proposed purchase and any concerns about fences, buildings or access. Ask whether an identification survey is appropriate and whether you also need the boundary marked on the ground. These are matters to agree when commissioning the work.
An identification survey can show the relationship between existing improvements and the surveyed boundaries. Agree which structures and features will be addressed, and obtain a written report explaining any discrepancies or limitations. If the seller supplies an older survey, ask whether it remains suitable given subsequent construction or changes to occupation. A building inspection serves a different purpose and should not be assumed to verify land boundaries.
Surveyors assess records and physical evidence together. Their reports provide important evidence, but conflicting surveys can require further investigation or formal determination. Your solicitor should review the legal implications of the findings rather than treating a diagram as an automatic solution to every dispute.
Distinguish easements from encroachments
An easement can authorise a defined use of someone else’s land, such as access or drainage. It does not necessarily transfer ownership of that land. Have your solicitor check its wording, location and any relevant maintenance obligations. A driveway crossing the neighbour’s property should prompt questions about the legal basis for access, even if it has been used for years.
An encroachment involves something extending across a boundary, such as part of a building. Whether it can remain depends on the facts, existing rights and available remedies. Planning or building approval should not be treated as proof that a structure lies wholly within the owner’s land or that a private boundary dispute has been resolved.
Resolve concerns before exchange wherever possible
Send the survey and photographs to your solicitor while there is time to consider the purchase terms. Explain your intended extension, garage or subdivision, because a discrepancy that seems minor may affect those plans. Ask what evidence or agreement is needed, who will undertake any rectification and whether the contract should make completion conditional on a defined outcome.
A promise that the neighbour will cooperate is not the same as an enforceable arrangement. Where a proposed solution involves transferring land or creating an easement, appropriate documentation, approvals and registration may be required. If a problem emerges after exchange, obtain advice promptly. A boundary discrepancy does not automatically permit cancellation, a price reduction or withholding settlement; the contract and applicable legal rights must be examined.
A real NSW case involving a fence and shed
In Gabriel v Billett [2023] NSWLEC 85, an old dividing fence stood 3.4 metres inside one owner’s land, while a neighbouring shed encroached across the boundary. The encroaching owner sought a court-ordered transfer of land to preserve the shed. The NSW Land and Environment Court refused that relief and ordered removal of the encroaching part, with the affected neighbour required to cover the removal costs.
For buyers, the practical lesson is that an established fence or longstanding building does not necessarily establish the legal boundary or guarantee continued use of neighbouring land. The outcome also shows why responsibility for rectification costs needs individual assessment. It does not establish that every encroachment must be removed or that the same party always pays.
Match the response to the actual dispute
If surveys differ, ask the professionals to explain the evidence behind their conclusions. Preserve photographs, plans, correspondence and any earlier agreements. Avoid unilateral demolition or fence relocation. Discussion or mediation may help resolve practical issues, but any settlement should accurately record the agreed work and legal rights rather than merely describe a line on a sketch.
For fencing work, the Dividing Fences Act 1991 provides procedures concerning the fence and contributions to its cost. A boundary notice concerning a survey is different from a fencing notice proposing work. Legal Aid NSW’s boundary guidance explains that the applicable steps and survey-cost arrangements depend on the circumstances. A buyer commissioning a survey should not assume the neighbour must pay half.
NCAT’s dividing fence powers include determining the line on which fencing work is to occur and the parties’ contributions. Fencing applications can also be made to the Local Court. These procedures should not be confused with a general power to transfer ownership of disputed land. Qualifying building encroachments may require proceedings under the Encroachment of Buildings Act 1922, where remedies depend on the statutory requirements and evidence.
Where genuine doubt remains about a boundary, a Registrar General boundary determination may be available under Part 14A of the Real Property Act 1900. Supporting survey evidence is required. Applicants include affected owners and purchasers who have paid the purchase price in full or obtained the owner’s consent. A prospective buyer cannot simply assume they qualify independently.
The process addresses boundary location and gives affected adjoining owners an opportunity to respond. It does not automatically resolve every fencing, compensation or building-removal issue. An owner or applicant dissatisfied with the determination may appeal to the Land and Environment Court within 28 days after receiving notice. Seek advice immediately about eligibility, evidence and the deadline.
Bring the contract, title documents and any survey to CM Lawyers for conveyancing advice. We can help assess how an identified discrepancy affects your purchase and what should be addressed before you proceed. Contact our team early if the land on inspection appears inconsistent with the documents. This article provides general information, not advice about a particular property.
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