Establishing the True Boundary
A property boundary is a legal line, not a physical feature. Fences are frequently not on the true boundary — particularly in older suburbs where fences shift over decades of piecemeal replacement. The only reliable way to establish the true boundary is a registered surveyor's survey, using monuments placed during the original subdivision.
Encroachment
If a structure (fence, garage, garden shed) has been built across the true boundary onto your land — or your neighbour's structure encroaches onto your land — this is a legal encroachment. Encroachments discovered at sale time create significant conveyancing complications. Getting boundaries surveyed before building any boundary structure prevents future disputes.
The Dividing Fences Act
Every Australian state has a Dividing Fences Act (or equivalent) governing disputes about dividing fences. Key principles: generally, costs are shared equally between neighbours; the fence must be on the true boundary; if you want a fence exceeding the standard for the area, you may have to pay the difference; formal notice must be given before replacing a dividing fence.
Resolving Disputes
- 1 Talk to your neighbour first — most boundary issues can be resolved through respectful conversation
- 2 Get a survey — having an objective survey result ends most disputes clearly
- 3 Mediation: Community Justice Centres (NSW), Dispute Settlement Centre (VIC), and equivalent services offer free neighbourhood mediation
- 4 VCAT, NCAT, SAT: tribunal orders can be obtained for fence disputes if mediation fails
- 5 Court: last resort for serious encroachment or boundary disputes — expensive and adversarial
Pro tip: Before building any boundary structure, check your Certificate of Title for easements and covenants — these can restrict fence heights and locations regardless of what the Dividing Fences Act permits.
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