Disputes over boundaries can occur between property owners from time to time.
If two independent registered surveyors disagree on the location of a common boundary, an affected landholder can apply to the Registrar General for determination of a title boundary through NSW Land Registry Services (NSW LRS).
These disputes are settled by the Registrar General, who has the power to resolve boundary disputes pursuant to Part 14A of the Real Property Act 1900.
Who can apply for boundary dispute resolution?
Applications for determination of a title boundary may be made by (or on behalf of):
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An owner of land on either side of the boundary
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A purchaser under a contract for sale of land on one side of the boundary who has paid the purchase price in full or obtained the owner’s consent
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A public or local authority or the head of a government department.
Lodging a boundary dispute application
Applications for the determination of a title boundary are lodged with NSW LRS, accompanied by an application fee.
For the Determination of Title Boundary application form, visit our Forms page.
What evidence must accompany the application?
An application must be accompanied by any evidence the Registrar General may require. This would typically consist of a sketch and/or report prepared by a registered surveyor and drawn in association with an identification survey or mark out survey, which shows a discrepancy with an earlier survey or plan.
What happens after the application is lodged?
Once an application is lodged, NSW LRS will refer the matter to the Registrar General for determination. Before making a determination, the Registrar General must notify the adjoining owner(s) that an application has been lodged and invite them to make written submissions on the application.
If the Registrar General decides that a survey or other investigation should be carried out to assist with the determination, the applicant may be required to pay reasonable costs.
If the Registrar General is not satisfied there is doubt related to the position of the boundary, the Registrar General will refuse the application and inform the applicant accordingly.
The Registrar General must, through consultation with a registered surveyor, determine the position of the boundary on the basis of all the evidence available. If that evidence is inconclusive, the Registrar General may determine the boundary on the basis of what appears to be just and reasonable in the circumstances.
Once a boundary determination has been made, notice of the determination will be given to the applicant and the adjoining owner. Note: The Registrar General may request that an applicant lodge a deposited plan showing the details of a boundary which has been determined under Part 14A of the Real Property Act 1900.
Can a decision be appealed?
A landowner or applicant who is dissatisfied with the Registrar General’s determination may appeal to the Land and Environment Court for a determination on the position of the boundary, within 28 days after receiving the notice.
Find out more
Enquiries regarding the boundary determination lodgment process should be made by contacting NSW Land Registry Services.
Once an application has been lodged, all enquiries should be made to the Office of the Registrar General.