Quick Answer
A boundary discrepancy occurs when the physical fences, walls, or driveways on a property do not align with the measurements or descriptions recorded on the official property records. In Tasmania, historic land descriptions, rural fencing assumptions, and rights of way frequently cause these overlaps. Conducting a title search boundary review before settlement identifies the legal boundary lines and any encumbrances that dictate land use.
Why Boundary Discrepancies Occur in Tasmania
Tasmania's official property records contains titles created over two centuries. Historic titles often rely on physical features like "the large oak tree" or "the creek bed" rather than modern survey coordinates. Over time, creeks change course, trees fall, and fences are erected where convenient, leading to boundary disputes between neighbours.
For buyers, conveyancers, and developers, the physical boundary you see on inspection day is rarely the legal boundary property title Tasmania records reflect. Rural properties present a specific risk: fences built for stock management often sit inside or outside the true boundary line by metres. In urban areas, strata and unit titles can have misaligned common property boundaries, which dictates who pays for fence repairs or driveway maintenance. Heritage-listed properties face strict controls that prevent owners from altering boundary structures, even when a fence sits on the wrong side of the line.
Practical Checklist: Boundary TAS Checks
Before settling on a Tasmanian property, work through this due diligence checklist:
- Locate the title plan: Verify the dimensions of the lot against a recent survey plan. If the title references a diagram, order it to see if the physical boundaries match the recorded measurements.
- Identify rights of way: Check the title for registered easements. A right of way allows a neighbour or utility provider to use a section of the land, impacting where you can build, fence, or landscape.
- Review strata boundaries: For units or townhouses, confirm where common property ends and your private lot begins. Strata plan errors are common in older Hobart and Launceston developments, leading to disputes over car spaces and courtyards.
- Check heritage overlays: Determine if heritage restrictions prevent you from removing or altering an existing boundary fence or wall, even if it is incorrectly positioned.
- Investigate historic notations: Look for old caveats, unresolved instruments, or "fence by agreement" notations that might indicate a past boundary dispute or an unregistered encroachment.
- Verify road reserves: Ensure that driveways and access roads sit within the title boundaries and do not encroach on Crown land or road reserves.
Which Document Answers Which Question?
Different official property records serve different purposes during a boundary review. Use this table to determine what to order.
| Document Type | Boundary Question Answered |
|---|---|
| Current Title Search | Are there registered rights of way, easements, or caveats affecting the boundary? |
| Title Plan / Diagram | What are the exact dimensions, bearings, and area of the boundary lines? |
| Strata Plan | Where does common property end and the private unit boundaries begin? |
| Dealing / Instrument | Has a neighbour legally applied for a boundary adjustment or registered an encroachment agreement? |
When to Order Additional Plans or Dealings
A basic title search boundary check provides the current registered interests, but it does not always include the visual plans needed to identify a physical discrepancy. A title search tells you what encumbrances exist; the plan tells you where they sit geographically. You should order additional documents when:
- The title references a specific plan number: If the title text mentions a deposited plan, strata plan, or sketch, order that plan to view the visual boundary measurements. This is the only way to confirm if a fence encroaches.
- There is a registered easement: Order the specific dealing number to read the terms of the right of way. The title search tells you the easement exists; the dealing tells you where it runs, its width, and your maintenance obligations.
- You suspect an encroachment: If a neighbouring structure sits over the boundary, order the neighbour's title and plan to compare the legal boundaries of both lots. Cross-referencing titles reveals if the neighbour has registered an encroachment agreement.
- Historic title issues are noted: If a prior dealing mentions a boundary adjustment that was never finalised, ordering that document clarifies the current legal standing.
You can order a Current Title or State Lease search through TitleFinder for $129.00 AUD. This provides the foundation document needed to identify which plans or dealings you must request next.
Frequently Asked Questions
What is a boundary discrepancy on a boundary property title Tasmania?
A boundary discrepancy is a mismatch between the physical structures on the land—like fences, driveways, or walls—and the official legal boundaries recorded in the property title and survey plans. It often surfaces during a title search boundary review when measurements do not match the reality on site.
Can I rely on existing fences to confirm the boundary TAS?
No. Existing fences, particularly in rural Tasmania, are often built for agricultural convenience or terrain constraints rather than legal accuracy. A fence may sit inside or outside the true boundary by several metres. Always verify the legal boundary against official property records and a licensed surveyor.
How does a right of way affect my property boundary?
A right of way is a registered easement that grants another party legal access over a defined section of your land. It restricts your ability to build structures or fence off that portion of the boundary, even if you own the underlying land. The specific terms are detailed in the dealing or instrument.
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.
