What happens if two land owners dispute their boundaries?

Apr 5, 2023 | Publication

It can happen that property owners dispute their respective boundaries.

Part 14A of the Real Property Act 1900 (NSW) provides for a procedure whereby boundary owners can apply to the Registrar-General for determination of the position of the common boundary of adjoining lands.

An application can be made by or on behalf of a land owner on either side of the boundary, the purchaser under a contract for sale of land (but only if the owner of the land consents to the application or the whole of the purchase price has been paid to the owner or the owner’s agent) or a public or local authority or the Head of a Government Department.

An application to the Registrar-General is to be in the approved form and accompanied by the prescribed fee.

The Registrar-General is to determine the position of the boundary on the basis of all the evidence available.

If the evidence is inconclusive, the Registrar-General may determine the boundary on the basis of what appears to the Registrar-General to be just and reasonable in the circumstances.

In determining the position of a boundary, the Registrar-General must consult with a registered land surveyor within the meaning of the Surveying and Spatial Information Act 2002.

For further information or to discuss your legal requirements, please contact McAuley Lawyers on (02) 9633 1826 or email reception@mcauleylawyers.com.au.

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