What if a building is built across a boundary?

• If a building is built across a boundary you will need an exact boundary location to resolve the dispute.
  • You should contact your local council if the encroachment is the result of failing to follow an approved building plan.
  • Council will generally order compliance with the approved plan meaning the encroachment will need to be removed or altered.
• Either of the owners can apply to the Registrar General for a boundary determination.
• If the Registrar General cannot assist you can ask the Land and Environment Court to make an order to determine, mark and record the exact boundary location.
• If it is determined that a building has been built across a boundary you or your neighbour can apply for an order requesting:
  • compensation to the encroached owner;
  • the grant of an interest like an easement;
  • transfer or lease to the encroaching owner; or
  • removal of the building.
• In making the order the court will take into consideration:
  • who made the application;
  • the circumstances of the encroachment;
  • the situation and the value of the land;
  • the character and use of the building; and
  • any loss or damage that may be incurred by either owner.
• If you have any concerns you can use our free and anonymous Ask a Lawyer service to get information specific to your situation.