Boundaries

If you and your neighbour want to build, fix or replace a fence, but you disagree about where the common boundary between your properties is (or you do not know where it is), you can give your neighbour a Boundary Notice.

 A Boundary Notice, is a written notice saying that you intend to work out where the boundary line is.

There is no set form for a Boundary Notice, however, it should explain that you intend to hire a registered surveyor if you and your neighbour cannot agree on the location of the common boundary.

For an example of what a Boundary Notice could look like, see  Sample Boundary Notice.

After you serve a Boundary Notice, your neighbour has seven days to:

• show where they think the boundary line is by marking this out with survey pegs, or
  
• hiring their own registered surveyor
  

If your neighbour takes either of these steps they must tell you what they have done in writing.

If your neighbour does not hire a registered surveyor, or only pegs the boundary line, within one month you can hire a registered surveyor to define the boundary line.

You and your neighbour will usually have to share any costs equally. This includes the costs of employing a registered surveyor. However, if your neighbour pegs out the boundary line in response to your notice, and the registered surveyor confirms your neighbour's markings to be correct, your neighbour will be entitled to claim any costs they have incurred from you.

If you receive a Boundary Notice You can use pegs to mark out where you think the boundary is. You have to do this within seven days of the date you were served with the notice. You must also tell your neighbour in writing that you have done this.

If you receive a Boundary Notice You can also hire a registered surveyor to help you determine the boundary line. You must hire the surveyor within seven days of the date you were served with the notice. You must also tell your neighbour in writing that you have done this, as soon as possible.

You and your neighbour will usually have to share any costs, including the costs of employing a registered surveyor, equally. However, if you peg out the boundary line, and the registered surveyor confirms it to be correct, you will be entitled to recover any costs you have incurred from your neighbour. 

If you and your neighbour have conflicting survey reports, there are other steps you may be able to take to define a boundary line.

If you receive a Boundary Notice and you don’t do peg out your boundary or hire a surveyor, your neighbour may be able to hire their own surveyor and claim half the costs from you.

If you or your neighbour want to determine the common boundary for a reason other than doing fencing work, you can hire a registered surveyor to define the boundary. You can find surveyors in the Yellow Pages under 'land surveyors'.

If there is some issue with the surveyor's report (for example it conflicts with another survey that has been done), or there is some other reason that there is still doubt about where the boundary is, it is possible to make an application to the Registrar General of New South Wales to determine the boundary.

If the reason that you want to determine the common boundary is so you can do fencing work, it is usually cheaper and faster to serve a Boundary Notice. 

If you or your neighbour want to determine the common boundary, you can make an application to the Registrar General for a 'Determination of Title Boundary.'

Before you can make an application, you will need to organise your own survey. The Registrar General will only consider matters where some doubt has been raised about where the boundary is (for example, a conflict between two different surveys).

The application must be filed through NSW Registry Services.​

If your neighbour files an application for a Determination of Title Boundary you will be notified by the Registrar General and asked to make submissions (a response that explains your argument) within a set time (usually 21 days). 

You can make an application for boundary determination by filling out a '14TB Determination of title boundary' form.

You can get a copy of the form:

• in person at a NSW Land Registry Services office; or
  
• the NSW Land Registry Services website​

For more information, see Boundary determinations on the NSW Office of the Registrar General website.

It is a good idea to contact the Office of the Registrar General on 1300 318  998  before you fill in your form to discuss your boundary dispute and your application.

When you have filled in the form, signed it and had it witnessed, you must file it at NSW Land Registry Services in person.

You must pay a filing fee of $165.40 (​as at 1 July 2023). This can be paid by cheque, money order, cash or credit card (Visa or MasterCard). ​

You should include any documents that support your application for boundary determination, including any identification survey reports prepared by a registered surveyor.

The Registrar General may request that you provide any further necessary documents.

It is a good idea to contact the Office of the Registrar General before you make your application as they may be able to tell you more about what information should be included in your specific case. You can call the Office of the Registrar General on 1300 318 998.

After receiving the application for boundary determination, the Registrar General must:

• notify the owner of the property on the other side of the boundary
  
• consult a registered land surveyor.
  

The Registrar General will give your neighbour at least 21 days to make written submissions about the application. 

If the Registrar General thinks it is necessary, they will investigate the matter and may hire a surveyor. If this happens, you will be asked to pay for the costs of the investigation and/or survey. If you do not pay the requested amount, the Registrar General can refuse to give you their decision until the money is paid.

If the Registrar General does not believe there is any doubt about the position of the boundary, the application will be refused. The person that made the application for boundary determination will be provided with the reasons for the refusal.

If the Registrar General does make a decision about the position of the boundary, the applicant, the owner of the neighbouring property and the surveyor will be notified.

If an owner is not happy with the decision made by the Registrar General, it is possible to appeal to the Land and Environment Court, within 28 days of receiving notice of the decision.

If you want to appeal you should get legal advice.