The location of property boundaries and fence lines are a common cause of disputes between neighbours. Often fences have been erected 'off-line' without the benefit of boundary pegs placed by a registered surveyor. It may be years before the error is discovered. The neighbour whose property has been encroached upon will generally wish to have the fence moved back on line so they can enjoy the ownership of all their property. If the adjoining property has been sold in the meantime the new owner may also argue that they have the right to enjoy ownership of all the property they purchased.

In rural settings fencing is often undertaken on a give and take basis when relations with neighbours are good. This involves considering the lay of the land and erecting fences following the convenient or natural land features. Each neighbour takes some of their neighbour’s land and gives up some of their land to even out it out. Relations between neighbours sometimes sour if one neighbour considers the other neighbour to have done more taking than giving.

For other people the actual boundary itself is in dispute. Usually these issues are resolved by engaging a registered surveyor. Although rare it is possible for two registered surveyors to disagree about the location of a boundary. If registered surveyors for each neighbour disagree then neighbours can apply for an independent surveyor to be appointed to determine the true boundary.

Where a fence needs to be replaced or erected the laws in most states and territories require neighbours to first attempt to resolve the issues between themselves. They will be required to participate in mediation if they are unable to agree. As a last resort either the Local Court, Magistrates' Court or a tribunal will make the final decision.

Each state and territory has its own rules about what each neighbour is required to do and who is required to pay the costs. Magistrates and tribunal members have a discretion to apportion costs in a manner they consider to be fair and appropriate when issuing orders.

The overall theme of the law is that the costs of any fencing work will be shared equally unless one neighbour requests a higher standard of fence than is usually considered appropriate. In that case the neighbour may be required to pay the whole of the additional sum attributable to the upgrade or special feature.

Local Courts and tribunals in most states also have powers to order that compensation be paid to a neighbour whose land has been encroached upon where it is shown to be fair and reasonable to do so.

Whether you purchase or rent a property you are responsible for the entire block of land that is described as being a part of that property. A property registered under Australia’s Torrens Title system shows the boundaries on a Deposited Plan (DP). The DP is a plan registered by the land department in each state and territory government and shows a property’s boundaries.

This Legal Guide on Boundary and Fence disputes provides landowners with information about the resolution of disputes. Before making important decisions it is advisable to obtain legal advice specific to your situation. LegalEagle’s™ free directory profiles all lawyers in Australia. You can use it to Find a Lawyer near you.

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Warning: Information provided through LegalEagle™ is for general guidance. It is not legal advice. Laws and procedures referred to may change and differ between states, territories and nationally. There may also be important exceptions or qualifications. Only a lawyer providing formal legal advice can assess your particular circumstances to determine how the law will apply.