Is your fence the legal boundary to your property – Maybe or Maybe Not!

Home Conveyancing Is your fence the legal boundary to your property – Maybe or Maybe Not!


Common issues regarding fencing are that the physical fence may not be on the actual legal boundary to your property.  The only way to determine the legal boundaries of your property is to obtain an identification survey report from a registered surveyor.

If the fences are not erected on the property’s legal boundaries, then this is known as an encroachment.

When purchasing a property, you need to be aware of any encroachments of fencing and/or the buildings on your land or on the adjoining land.

There are various ways in which to deal with encroachments to rectify these situations.

  1. With the agreement of the adjoining registered proprietors the fence can be moved to the legal boundary;
  2. You can with negotiation with the adjoining registered proprietors agree to create an easement so that the encroaching structure does not have to be removed or moved.

If you do nothing and location of the fence gives the adjoining property part of your land, you must be very careful as the adjoining registered proprietors after a set period of time may be able to make a claim to the Supreme Court for adverse possession for that piece of land to be theirs.

This is just the tip of the iceberg.  If you have any concerns regarding any fencing issues then pick up the phone or email Bliss Conveyancing on 1300 659 231 or email

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