Know your boundaries (Part 1)

Land is typically the most valuable asset we own.

How to Establish Your Boundary

But how do you know where your land ends and your neighbour’s land begins?

In Queensland, property boundaries are defined by survey marks that can be found at the boundary corners. Often these survey marks are white pegs in the ground. The peg often has a reference mark, such as an iron pin buried nearby or a nail to help re-establish the corner in the future.

Only Registered Cadastral Surveyors with the Surveyors Board of Queensland can confirm the location of the survey marks. Boundaries are not defined by GPS co-ordinates.

If the survey marks are no longer present, due to elapse of time and deterioration, or because they’ve been knocked out of the ground by accident, or on purpose, the only way to re-determine where the boundaries are is by engaging a registered cadastral surveyor to have the boundaries professionally re-marked.

Interference with Survey Marks

It is an offence to interfere with a survey mark without approval. Only a registered cadastral surveyor is permitted to place survey pegs that mark boundary corners.

The only time it is permissible to move or interfere with a survey mark is for erecting a fence or other permanent structure along the boundary.

Currently, the maximum penalty for interfering with a survey mark is $15,480.00. 

Queensland Globe 

You are able to look up an aerial view of the boundaries of a particular lot in Queensland by using the “Queensland Globe” website. However, Queensland Globe is not the point of truth for parcel boundary information and should not be relied on as a source for factual information regarding property boundaries.

Give and Take Fences

Give and take fences are often found on rural properties where the fence may not be exactly on the boundary lines due to impeding topographical features, such as rocks, trees, creeks, and steep terrain, etc, so the adjoining owners agree to construct the fence as close to the boundary as practicable.

In this situation, it is understood that each neighbour gives and receives some portions of each other’s land. The land that is the neighbours but is on your side of the fence is yours by way of a tenancy created for exclusive possession – just like a lease. If the adjoining owner then comes onto your side of the fence or encroaches on your land without your consent, then you could pursue them for trespass.

If one landowner wants the give and take fences corrected, then that landowner needs to provide a written notice to the other requesting to have the common boundary defined by a surveyor. The adjoining landowner then has one month to give the other owner advise as to where they believe the boundary is.

The adjoining owners must agree before any re-fencing work is done and typically, they must equally contribute towards the costs of the re-fencing.

However, if the landowner who did not request a survey be redone, gives the landowner who wants the survey written advice of the correct common boundary, and that advice ends up being accurate, the landowner who did not want the survey is not obliged to pay half the costs of it. 

Reasonable notice is required to be given for any rectification works to be conducted. What is considered ‘reasonable notice’ will depend on the circumstances. The Courts have found that this can be anywhere between 6 to 12 months, or sometimes a shorter period.

What to Notify a Buyer

If selling a property with give and take fences, you should specify this in your Contract to make the buyer aware. This will prevent the buyer having rights under the Contract to claim compensation or terminate due to the fences not being on the exact boundaries of the land.

What if Your Neighbour Wants Different Fencing?

Each owner of the land is to contribute equally to carrying out fencing work for a “Sufficient Dividing Fence”. If one owner wants a fence that is of a greater standard than a Sufficient Dividing Fence and the other owner does not wish to outlay the extra expense, the owner who wants the greater standard of fence is to pay the additional costs of erecting the more expensive fence and the adjoining owner is only obliged to contribute to half of the cost of a Sufficient Dividing Fence.  

Example: In a rural area, one owner wants to erect a barbwire fence to keep in their cattle, however the adjoining owner has young children and pets and wants a solid Colourbond fence erected. As the property is in a rural area and the usual type of fencing in that area is barbwire, a Sufficient Dividing Fence is barb wire and the landowner who wants to install the barb wire only has to cover half the cost of erecting a barb wire fence. If the other landowner wants to erect a Colourbond fence, then he is to do this bearing the additional cost of it.

 Read Part 2 of our ‘Know Your Boundaries’ series here.

The content of this article is intended to provide a general guide to the subject matter. Specific advice should be sought about your particular circumstances.