Why Boundary Disputes Are More Common Than You Think in Queensland
Boundary disputes are among the most stressful property conflicts a Queensland homeowner can face. Whether it is a fence built a few centimetres over the line, a neighbour's shed encroaching on your land, or genuine confusion about where one lot ends and another begins, these disagreements can escalate quickly — and expensively — if not resolved with clear evidence.
The good news is that most boundary disputes in Queensland can be resolved (or prevented entirely) by obtaining the right property documents before conflict arises. A current title search and a registered survey plan together provide the definitive legal evidence of where your property boundaries sit.
What Causes Boundary Disputes in Queensland?
Boundary disputes typically arise from one or more of the following scenarios:
- Old or missing fences: Many Queensland properties, particularly in established suburbs like those across Brisbane, Ipswich and the Gold Coast, have fences that were erected decades ago without reference to actual survey marks. Over time, these fences become the assumed boundary — even when they are wrong.
- Encroaching structures: A garage, retaining wall, garden bed or driveway that crosses onto a neighbouring lot. This often comes to light during a sale or renovation.
- Subdivision changes: When lots are subdivided or reconfigured, the new boundaries may not align with older fences or landscaping features.
- Natural changes: Erosion, creek movement and land slippage can shift the perceived boundary on rural and semi-rural properties, particularly in areas like the Sunshine Coast hinterland and Scenic Rim.
- Unclear or missing survey marks: Original survey pegs can be disturbed by construction, landscaping or simply time. Without visible markers, neighbours rely on assumptions.
The Two Documents That Settle Most Boundary Disputes
1. Current Title Search (Certificate of Title)
A current title search reveals the legal description of your lot, including the lot number and plan number (for example, Lot 14 on SP123456). This is the formal identification that links your property to a registered survey plan lodged with the Queensland land registry.
The title also shows any easements, covenants or encumbrances registered against the land. An easement for drainage or services, for instance, may affect what can be built near a boundary — and is often at the heart of neighbour disagreements about fencing or construction.
A current title search from Title Finder costs $74.50 AUD and is delivered digitally, giving you immediate access to the legal description you need.
2. Registered Survey Plan (SP or RP)
The survey plan is where boundaries are actually defined. Registered with the Queensland land registry as either an SP (Survey Plan) or RP (Registered Plan), this document shows:
- The exact dimensions and shape of each lot
- Boundary bearings and distances in metres
- The location of survey marks (pegs, reference marks)
- Easement corridors and their widths
- The relationship of the lot to surrounding lots and roads
If there is a dispute about where the boundary sits, the registered survey plan is the primary legal reference. Courts, surveyors and mediators all defer to this document.
You can obtain a copy of any registered survey plan through Title Finder for $85.90 AUD.
How to Use These Documents to Resolve a Dispute
Step 1: Obtain Your Title Search and Survey Plan
Start by ordering a current title search for your property. The title will include the lot and plan number, which you then use to order the corresponding survey plan. Together, these two documents give you the complete legal picture of your boundaries.
Step 2: Compare the Plan to the Physical Boundary
With the survey plan in hand, you can compare the registered dimensions to what exists on the ground. Measure from known reference points — such as the front boundary along the road — and check whether the fence or disputed structure aligns with the plan.
Keep in mind that minor discrepancies of a few centimetres are common, particularly with older plans. However, differences of 100mm or more typically indicate that the physical boundary (fence, wall or structure) does not match the legal boundary.
Step 3: Engage a Licensed Surveyor if Needed
If the discrepancy is significant or the other party disputes your reading of the plan, the next step is to engage a licensed cadastral surveyor. The surveyor will visit the site, locate or re-establish survey marks, and produce a report confirming the boundary position.
Having your own copies of the title search and survey plan before engaging a surveyor saves time and money — the surveyor does not need to order these documents separately, and you can discuss the situation with them in an informed way.
Step 4: Attempt Mediation or Negotiation
Queensland's Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 provides a framework for resolving boundary and fencing disputes without going to court. In many cases, presenting the survey plan to your neighbour is enough to settle the matter. If not, the Queensland Civil and Administrative Tribunal (QCAT) can hear fencing and boundary disputes at relatively low cost.
Step 5: Register Any Agreed Changes
If the resolution involves moving a fence or adjusting an encroachment, ensure the outcome is documented. If the physical boundary is being formally altered (rare, but it happens), a new survey plan may need to be lodged. Your solicitor or conveyancer can advise on registration requirements.
Preventing Boundary Disputes Before They Start
The best time to check your boundaries is before a problem arises. Here are common situations where a proactive title search and survey plan review can prevent future conflict:
- Before buying a property: Check the survey plan as part of your due diligence. If the fence does not match the plan, negotiate with the seller before settlement.
- Before building a fence: Confirm the boundary position with a survey plan rather than relying on the old fence line.
- Before renovating or extending: Council setback requirements are measured from the legal boundary, not the fence. If the fence is wrong, your setback calculations will be too.
- Before subdividing: Any subdivision requires a new survey plan. Understanding the existing plan helps you plan the new lot layout accurately.
- When a neighbour builds near the boundary: If a neighbour's construction seems close to the line, checking the survey plan early allows you to raise concerns before the build is complete.
What About Encroachments?
An encroachment occurs when a structure — a building, fence, driveway, retaining wall or even tree roots — physically extends across a property boundary onto a neighbouring lot. Encroachments are a specific type of boundary dispute with additional legal considerations.
Under Queensland law, an encroachment does not automatically transfer ownership of the land. The encroaching party does not gain title to the strip of land simply by occupying it (adverse possession claims on registered land in Queensland are extremely difficult to establish).
However, resolving an encroachment can be complicated. Options include:
- The encroaching party removes the structure
- The affected owner grants permission (potentially via a registered easement)
- The parties negotiate a boundary adjustment (requiring a new survey plan and title amendments)
- QCAT or a court orders a resolution
In all cases, having the title search and survey plan as evidence is essential.
Historical Title Searches for Long-Standing Disputes
Some boundary disputes involve long-standing encroachments or fences that have been in the wrong position for decades. In these cases, a historical title search can provide useful context by showing previous lot descriptions, changes in registered easements, or past subdivisions that explain why the boundary may have shifted over time.
A historical title search from Title Finder costs $86.50 AUD and covers ownership and title changes from 1994 onwards. For records prior to 1994, an Image of Certificate of Title ($76.90 AUD) provides the original paper title document.
Key Takeaways
- Most boundary disputes in Queensland can be resolved with a current title search and registered survey plan
- The survey plan is the definitive legal document for boundary positions — not the fence
- Obtaining these documents early saves time, money and neighbourly relationships
- A licensed surveyor can re-establish boundary marks if the plan alone is not sufficient
- Queensland's QCAT provides a low-cost tribunal for disputes that cannot be resolved privately
If you are dealing with a boundary dispute — or want to prevent one — start with the evidence. Order a current title search and survey plan from Title Finder to get the legal facts about your property boundaries.