Quick Answer
A boundary TAS discrepancy occurs when physical fences, walls, or structures do not align with the official property records. Identifying these gaps requires a title search boundary review to verify easements, right of way, and historic measurements before settlement.
The Risk of Fence-Line Assumptions
Physical fences, retaining walls, and driveways often sit outside the legal title boundary. In Tasmania, older suburban blocks and rural acreage frequently have fences erected decades ago based on approximate markers or neighbour agreements. Relying on physical markers alone exposes buyers to the risk of purchasing less land than expected or inheriting a neighbour's encroachment problem. A boundary property title Tasmania check reveals the true dimensions, preventing disputes over lost land area or unauthorised structures.
Common Boundary Discrepancies in Tasmania
Historic Title Measurements
Older TAS titles sometimes used imperial measurements or referenced natural features like a creek or large tree that have since moved or been cleared. The registered plan shows the intended dimensions, which may not translate cleanly to the modern landscape. When a title refers to a landmark that no longer exists, you must order the original deposited plan to see the surveyor's written field notes and measurements.
Easements and Right of Way
A driveway shared between two properties might not have a formal right of way recorded on the title. If the physical path crosses the legal boundary, one owner could legally block access. Without an official right of way, the buyer could lose legal access to their property or face costly litigation to retain driveway use. Always cross-reference physical paths with title easements.
Rural Boundaries
A rural boundary TAS often follows ridgelines, roads, or watercourses. Floods and erosion shift these natural markers over time, leaving the legal boundary lines disconnected from the physical landscape. Buyers of rural acreage must check if the title description relies on a fixed surveyed point or a shifting feature, as watercourses can move significantly during Tasmanian winter floods.
Heritage Restrictions
Properties in TAS heritage zones may have boundary walls or fences that local councils protect. Even if a heritage fence encroaches on a neighbour's title, heritage overlays can restrict alterations to the structure, forcing the buyer to maintain an illegally placed fence.
Strata Boundaries
For units and townhouses, the boundary between common property and private lots can be the external skin of the building, the centre line of the wall, or a fixed distance from a structural element. Misinterpreting survey strata plans leads to maintenance disputes over gardens, driveways, or retaining walls. Always check the strata plan to confirm whether a courtyard or car space is part of the lot or merely allocated for exclusive use.
Practical Boundary Checklist for Buyers
- Order the Current Title: Confirm ownership, easements, and caveats. A Current Title / State Lease search through TitleFinder is $74.50 AUD.
- Request the Title Plan: Compare the dimensions on the deposited plan against the physical fences, buildings, and structures on-site.
- Identify Easements: Check for right of carriageway, drainage, or sewerage easements that restrict building over the boundary or grant access to third parties.
- Review Historic Dealings: If the title references a surrendered or historic plan, order the associated instrument to understand past boundary adjustments or old restrictions.
- Match Strata By-Laws: For strata properties, verify exactly where lot boundaries end and common property begins to allocate maintenance responsibilities correctly.
- Check for Encroachments: Walk the perimeter and note any structures from neighbouring properties that cross the title boundary, including overhanging roofs or retaining walls.
Comparison: Physical Fences vs. Title Boundaries
| Feature | Physical Fence Line | Title Boundary |
|---|---|---|
| Basis | Neighbour agreement or historical placement | Official property records and deposited plan |
| Accuracy | Often approximate | Precise measurements (degrees, minutes, seconds) |
| Legal Weight | Low, unless subject to adverse possession claims | Definitive for ownership and transfers |
| Easements | May exist informally without documentation | Must be formally registered to be enforceable |
| Modification | Can be moved easily by neighbours | Requires formal boundary adjustment or subdivision |
When to Order Further Documents
If the title search boundary measurements do not match what is physically on the ground, order a registered survey plan or dealings related to boundary adjustments. A survey re-establishes the true corners of the property using official reference marks. If a neighbour's shed, fence, or retaining wall encroaches, you must know before settlement to negotiate a resolution, request a formal boundary adjustment, or reconsider the purchase. For historic title issues, ordering the original dealing reveals whether a past boundary shift was legally registered or remains an unresolved anomaly.
For strata and survey strata properties, order the strata plan to see the exact lot dimensions and common property boundaries. If the title references specific instruments affecting the boundary—such as a covenant restricting building height near a boundary line—order those documents to understand the exact limitations.
Frequently Asked Questions
What is a boundary TAS discrepancy?
It is a mismatch between the physical boundary markers on a property (like fences or walls) and the dimensions recorded on the official property records. This often happens due to historic fencing errors, shifting natural features, or missing easements.
Can I rely on existing fences for a boundary property title Tasmania check?
No. Fences are often erected based on neighbour agreements or approximations, not official surveys. Always compare the physical fences to the title plan to verify the true boundary location.
How do I find right of way easements on a Tasmania property?
Order a Current Title search. The title will list any registered easements, including right of carriageway. You can then order the specific deposited plan or instrument to see the exact location and dimensions of the easement on the property.
Disclaimer: This information is for practical guidance only and does not constitute legal advice. Always verify property details with official property records and consult a qualified conveyancer or solicitor regarding boundary disputes or property purchases.
Order the right TitleFinder document
Use this guide as a reference, then order the actual record that answers your question:
- TAS Folio Text — $69.90
- TAS Folio Plan — $85.90
- TAS Torrens Scanned Dealing — $91.80
If you are unsure, start with the current title search, then add the plan or instrument if the title points to one.
Need the title search? Use the TitleFinder product links above to order the current title, plan, instrument or state-specific property record you actually need.
