Purchasing a property can be an exhilarating time. Whether it is your first home, a development site, or an investment, there are many new considerations. With so many things to consider, one of the biggest risks often goes unnoticed: a boundary problem. Boundary issues can happen suddenly and without a paper trail, they can be challenging to identify. Professional land surveyors are skilled in clearly identifying your legal property boundaries and any issues.
Property disputes often arise from assumptions. When it comes to boundaries, it can be easy to go with what you know or what you can see. That is why it is so common for disputes to occur over fences, retaining walls, and landscaping. The problem is that these features can be moved or misplaced over time. They may have been erected decades ago by previous owners without reference to survey plans. Retaining walls may have shifted over time or were built on the incorrect side of a lot line. And in the inner-city areas of Brisbane, where properties are closely spaced, a minor encroachment by a neighbour can have large consequences for all parties.
If there is ever a dispute, it is typically when something starts to get built or altered on a property line. Neighbours who had previously lived next to each other in friendly co-existence may find themselves at mediation or even in court. Legal bills quickly add up and in some cases, the council will be involved, particularly if development works were undertaken without approval. These issues can even be transferred on when it comes time to sell a house. In some cases, they may even put off future buyers from purchasing the property.
One of the best ways to reduce risk is to have a qualified and licensed surveyor involved early on. Boundary surveys identify the precise legal boundaries of a property, backed by historical research, modern technology, and local knowledge. These surveys are essential for large commercial projects, but are equally critical for individual homeowners before constructing fences, home extensions, sheds, and garages against a boundary line.
A professional land surveyor will conduct a site visit, review existing plans and drawings, conduct accurate measurements and then cross-check findings with the land title records from the State of Queensland. The boundaries will be physically marked on the site and a report prepared that can be used to support council applications, design work, or future proof in case of a dispute. It provides peace of mind for the homeowner and construction teams can work confidently without making expensive errors.
Surveyors Brisbane has worked with many local homeowners and developers over the years who were able to clearly identify the boundary lines and also resolve long-standing boundary disputes that otherwise might have gotten out of hand.
Access is another reason why people can come into conflict with their neighbours. Driveway access, easements, and right of ways are common access areas that can often be misunderstood by property owners and lead to confusion and disputes. Without a proper survey of your site, property owners may not even realise who has legal access rights to what. Overuse of an access strip or inadvertently building over an easement can cause problems with your neighbour or enforcement by the council or a service provider.
Surveyors can also assist in finding encroachments. These are structures or features from one property that overhang or cross onto a neighbouring property. A gararge built over the lot line is a common example, but garden beds and fences are also forms of encroachments. And in many cases, these issues have been going on for years without either party realising and were only uncovered later down the track (often during a sale or renovation). When they are identified, the encroachment must be resolved. A survey can provide the necessary information to clearly identify the extent of the encroachment and what the next steps are.
In Queensland, the law is strict when it comes to knowledge of your own property boundaries. It is expected that you know where the boundary lines are. If you then proceed to build a structure over your neighbour’s land (even unintentionally), you could be on the hook for damages or forced to dismantle the structure. Boundary disputes are taken seriously by the courts, and a recent certified survey is usually the best evidence to support your case.
Boundary surveys are also helpful with projects that need a clear definition of a site. If you are looking to subdivide land, lodge a development application, or build an extension like a granny flat, your project team will need to be aware of your site boundaries before work commences. It gives them a good base to work from and can prevent last minute changes to design or building layouts.
In many cases, the cost of a professional boundary survey is minimal compared to the potential cost of legal proceedings, reconstruction, and devaluation of a property. Professional advice and involvement can be a practical tool in property management and should be considered, especially before making changes around a shared boundary line.
Land disputes are often very frustrating and can spiral into more complex issues. However, most of them are also completely avoidable. A good land survey is more than just measurements and definitions. It also offers a feeling of security in having sound documentation and clear communication between parties. With everyone in the know, moving forward becomes easier.
