Quick Answer
A boundary discrepancy on a NSW property title means the recorded boundary lines in official property records don't match what exists on the ground. Fences, retaining walls, driveways, or structures may sit outside your legal lot — or a neighbour's improvements may encroach on your land. Left unchecked, these gaps change what you own, what you're liable for, and whether a future sale or development application proceeds.
Where Boundary Discrepancies Hide in NSW Title Records
Most NSW properties are registered under Torrens title, where the certificate of title and its deposited plan define the legal boundary. But the information isn't always straightforward:
- The deposited plan (DP) sets out the surveyed lot dimensions and any easement locations. If you haven't checked the DP, you haven't seen the actual boundary shape.
- The title search lists registered interests — easements, caveats, restrictions, and covenants — that may carve out rights over part of your boundary area.
- A Section 88B instrument (where one exists) accompanies the DP and details restrictions and easements affecting specific parts of the boundary.
- For old system title properties, boundaries are defined by a chain of deeds, not a single plan. The registered boundary may differ from the physical boundary by metres, not millimetres.
Ordering a current title search through TitleFinder ($74.50 AUD) gives you the starting point: the reference number for the deposited plan and a list of registered dealings that affect the boundary.
Torrens Title Homes: Common Boundary Issues
For a standard Torrens title house in NSW, the following boundary problems appear regularly:
- Fence line offsets: The dividing fence between two lots doesn't follow the DP boundary. Even a 30-centimetre offset can place a garage, pool, or retaining wall on the neighbour's land.
- Easement encroachments: A drainage or right-of-way easement along a side boundary may restrict building or landscaping. If the previous owner built over that easement, you inherit the compliance risk.
- Unregistered structures: Carports, pergolas, or garden sheds built close to a boundary without approval may sit partially outside the title boundary. A title search won't show these — you need to compare the DP against a site survey.
When the title search shows easements or restrictions that reference a boundary, order the relevant deposited plan and any Section 88B instrument to see exactly where those rights apply.
Strata Apartments: Different Boundary Checks
In a strata scheme, lot boundaries are defined by the strata plan, not just a deposited plan. The strata plan shows:
- The lot boundary (usually the inner surface of walls, floors, and ceilings), which determines what you own versus what the owners corporation maintains.
- Common property boundaries — driveways, external walls, and structural elements that sit outside your lot.
- By-law restrictions that may limit alterations near boundaries or within common property easements.
Check the strata plan for notations about boundary easements (for example, a stormwater easement running through common property under your ground-floor lot). Also verify whether the garage or car space on the title is part of your lot or a separate lot — the boundary implications differ.
Easements, Caveats, and Old System Land
Three categories of registered interest create the most boundary-related risk:
- Easements on a boundary: A title search will list easements. The DP and any Section 88B instrument show their physical extent. If an easement runs along your boundary, it may restrict your right to build, plant trees, or park a vehicle within that corridor.
- Caveats: A caveat on the title signals that someone else claims an interest in the property. If that interest relates to a boundary (for instance, a neighbour's claim to a right of way or access strip), it can prevent registration of a plan or dealing until resolved.
- Old system land: Properties still under old system title have boundaries defined by historical deeds. The lack of a single deposited plan means you must trace the deed chain to confirm boundary dimensions. Physical occupation may have drifted from the recorded boundary over decades. If you're buying old system land, budget for a registered survey before settlement.
Buyer's Boundary Checklist for NSW Properties
- Order a current title search ($74.50 AUD through TitleFinder) to get the deposited plan reference and list of registered interests.
- Obtain the deposited plan referenced on the title to see the surveyed lot dimensions and any easement markings.
- Check for a Section 88B instrument — if one exists, read the restrictions and easement details that affect boundary areas.
- Compare the DP boundary against a current survey plan or site survey. Identify any fence, structure, or landscaping offsets.
- For strata lots, review the strata plan for lot boundaries, common property limits, and by-laws affecting boundary areas.
- Search for caveats that may claim boundary-related interests.
- For old system land, engage a registered surveyor to reconcile deed boundaries with physical occupation.
- Verify that structures near the boundary have development approval and don't encroach on easements or neighbouring land.
Boundary Risk Comparison by Property Type
| Property Type | Key Boundary Document | Primary Risk | What to Order |
|---|---|---|---|
| Torrens title house | Deposited plan | Fence or structure encroachment over boundary or easement | Title search + DP + Section 88B (if applicable) |
| Strata apartment | Strata plan | Lot vs common property boundary misalignment | Title search + strata plan + by-laws |
| Old system title | Chain of deeds | Historic boundary drift — physical occupation doesn't match deed dimensions | Title search + deed chain + registered survey |
| Vacant land (new subdivision) | Deposited plan | Easements or restrictions along boundaries not yet fenced | Title search + DP + Section 88B |
Frequently Asked Questions
How do I know if a boundary NSW discrepancy exists before I buy?
Order a title search through TitleFinder to get the deposited plan reference. Then compare the DP dimensions against a current site survey. If fences, buildings, or landscaping don't match the plan, you have a discrepancy that needs investigation before exchange.
Does a boundary property title New South Wales search show physical fences?
No. The title and deposited plan show the legal surveyed boundary — not physical structures. Fences are informal markers and may not follow the legal boundary. A title search boundary check identifies the recorded line; a site survey confirms whether the ground matches.
What if my neighbour's structure encroaches on my boundary?
Start by confirming the legal boundary through a title search and deposited plan. If the encroachment is confirmed, the resolution options — negotiation, encroachment agreement, or legal action — depend on the structure's size and impact. This is a situation where specific legal advice is appropriate.
Order the right TitleFinder document
Use this guide as a reference, then order the actual record that answers your question:
- NSW Title Search — $69.90
- NSW Imaged Deposited Plan — $85.90
- NSW Imaged Documents — $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.