Boundary Disputes2024-10-14T11:04:42+00:00

BOUNDARY DISPUTES

Every Move Matters

Litigation Lawyers Sunshine Coast

Every – Move – matters

Boundary Disputes

Boundary disputes are a common challenge in both residential and commercial properties, often stemming from disagreements over fences, walls, or hedges. Such conflicts can disrupt daily life and business operations, leading to significant stress. Accurately determining legal property boundaries involves examining property deeds, plans, and conducting professional surveys. Seeking expert legal counsel is essential to navigate these complex issues effectively.

At Axia Litigation Lawyers, we offer precise and empathetic guidance in resolving boundary disputes. We apply the relevant provisions of the Property Law Act 1974 (QLD) and the Land Title Act 1994 (QLD) to safeguard your property rights. Our approach includes using detailed survey data and historical land use to build a robust case, prioritizing negotiation and mediation for amicable solutions, while being fully prepared to pursue court action if necessary. With our expert litigators, we aim to protect your interests and secure the best possible outcome.

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Boundary Dispute Lawyerd Sunshine Coast - Axia Litigation Lawyers
Boundary Dispute Resolution

Expert guidance through complex disagreements.

Know Your Rights

Understand legal boundaries and property entitlements

Mediation and Negotiation

Amicable solutions to contentious boundary issues.

Property Line Agreements

Drafting and negotiating boundary consensus documents

Every – Move – Matters

how Axia Can Help With Your Boundary Dispute.

Axia Litigation Lawyers can provide comprehensive legal assistance to clients embroiled in boundary disputes by offering a strategic approach grounded in our thorough understanding of the relevant Queensland legislation and common law.

With our expertise in property law and civil litigation, we can assist clients in navigating the complexities of a boundary dispute in several ways:

First we meet with our client to understand the specifics of their boundary dispute, review any existing evidence, and provide a preliminary assessment of their legal position.

Our team would meticulously examine and interpret all relevant documents, including title deeds, previous conveyancing documentation, and any existing survey records, utilising the provisions within the Land Title Act 1994 (QLD) to ascertain the precise legal boundaries of the property in question.

Where necessary, we will engage with certified surveyors in accordance with the Survey and Mapping Infrastructure Act 2003 (QLD) to obtain expert reports and new surveys that support the client’s position.

Once we have a clear understanding of the facts, we would provide comprehensive legal advice on the options available to the client, including negotiation, mediation, or, if necessary, litigation.

Our primary objective in boundary disputes is to achieve a resolution that safeguards our client’s interests while avoiding the expense and uncertainty of litigation through negotiation.

Should negotiations stall, we would recommend mediation as a cost-effective alternative to court proceedings. In line with the ethos of the Queensland Civil and Administrative Tribunal Act 2009 (QLD), we encourage participation in mediation or other forms of ADR to find an equitable solution. Our lawyers are skilled in mediation and can represent your interests vigorously in this forum.

If alternative dispute resolution methods are unsuccessful in resolving a boundary dispute, we are prepared to initiate or defend proceedings in the relevant court, be it the Magistrates Court, District Court, or Supreme Court of Queensland. Our approach to litigation is assertive and strategic, aimed at achieving a favourable outcome for our clients.

Post-resolution, we would ensure that all boundary dispute agreements or court orders are appropriately documented and registered. Additionally, we would assist in the enforcement of any such orders, should the need arise.
  • Initial Consultation
  • Document Review
  • Engagement of Experts
  • Legal Advice
  • Negotiation
  • Mediation
  • Litigation
  • Compliance and Enforcement
Initial Consultation
First we meet with our client to understand the specifics of their boundary dispute, review any existing evidence, and provide a preliminary assessment of their legal position.
Document Review
Our team would meticulously examine and interpret all relevant documents, including title deeds, previous conveyancing documentation, and any existing survey records, utilising the provisions within the Land Title Act 1994 (QLD) to ascertain the precise legal boundaries of the property in question.
Engagement of Experts
Where necessary, we will engage with certified surveyors in accordance with the Survey and Mapping Infrastructure Act 2003 (QLD) to obtain expert reports and new surveys that support the client's position.
Legal Advice
Once we have a clear understanding of the facts, we would provide comprehensive legal advice on the options available to the client, including negotiation, mediation, or, if necessary, litigation.
Negotiation
Our primary objective in boundary disputes is to achieve a resolution that safeguards our client's interests while avoiding the expense and uncertainty of litigation through negotiation.
Mediation
Should negotiations stall, we would recommend mediation as a cost-effective alternative to court proceedings. In line with the ethos of the Queensland Civil and Administrative Tribunal Act 2009 (QLD), we encourage participation in mediation or other forms of ADR to find an equitable solution. Our lawyers are skilled in mediation and can represent your interests vigorously in this forum.
Litigation
If alternative dispute resolution methods are unsuccessful in resolving a boundary dispute, we are prepared to initiate or defend proceedings in the relevant court, be it the Magistrates Court, District Court, or Supreme Court of Queensland. Our approach to litigation is assertive and strategic, aimed at achieving a favourable outcome for our clients.
Compliance and Enforcement
Post-resolution, we would ensure that all boundary dispute agreements or court orders are appropriately documented and registered. Additionally, we would assist in the enforcement of any such orders, should the need arise.

Over 75 Years of Combined Experience

Meet Our Expert Team

Axia Litigation Lawyers provide exceptional service and peace of mind for their clients. Based on the Sunshine Coast, Queensland, the Axia team services clients throughout Australia and abroad.

Adam Brown

Managing Director

Adam is the founder and Managing Director of Axia Litigation Lawyers. Having worked in Litigation and Dispute Resolution for over…..

Deneil Brown, Chief Operating Officer, Axia Litigation Lawyers
Deneil Brown

Chief Operating Officer

Deneil has been immersed in the legal industry for over 25 years and has vast experience across practice management, accounts and paralegal…

Nakita Brown, Senior Associate, Axia Litigation Lawyers
Nakita Brown

Senior Associate

Nakita is an experienced commercial litigation lawyer, bringing over ten years of legal knowledge to the table. She spent her early career…

Shane Ulyatt, Senior Associate, Axia Litigation Lawyers
Shane Ulyatt

Senior Associate

With a specialised focus on civil and commercial litigation and dispute resolution, Shane expertly handles a broad spectrum of legal matters…

Sam nelson

Lawyer

Sam’s expertise of commercial and civil litigation ranges from building and construction disputes, commercial and retail shop lease matters ….

Adam Brown
Adam Brown
Managing Director

Adam is the founder and Managing Director of Axia Litigation Lawyers. Having worked in Litigation…..

Deneil Brown
Deneil Brown
Chief Operating Officer

Deneil has been immersed in the legal industry for over 25 years and has vast experience across…

Nakita Brown
Nakita Brown
Senior Associate

Nakita is an experienced commercial litigation lawyer, bringing over ten years of legal knowledge…

Shane Ulyatt
Shane Ulyatt
Senior Associate

With a specialised focus on civil and commercial litigation and dispute resolution, Shane expertly…

Sam Nelson
Sam Nelson
Lawyer

Sam’s expertise of commercial and civil litigation ranges from building and construction disputes…

Every Move Matters

What Laws and Acts govern boundary disputes?

Boundary disputes in Queensland are typically governed by a combination of legislative instruments and common law principles. The primary Acts and laws that may be relevant include:

This Act provides the legal framework for the regulation of property rights, transactions, and disputes in Queensland. In boundary disputes, it is particularly important for its provisions on the determination and adjustment of boundaries, as well as the resolution of disputes related to encroachments.

Property Law Act 1974 (QLD)

The Land Title Act establishes the system for land registration, which is crucial for the certainty of ownership and the delineation of property boundaries. In boundary disputes, this Act is critical as it contains the official records that define property lines and can be used to resolve inconsistencies or uncertainties regarding legal boundaries.

Land Title Act 1994 (QLD)

This Act provides a mechanism for neighbours to resolve disputes concerning dividing fences and trees, which often coincide with boundary lines. It is significant in boundary disputes as it helps to clarify responsibilities and procedures for neighbours when a boundary fence is in question.

Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (QLD)

This Act sets out the time limits within which legal claims must be brought, including claims to recover land. In boundary disputes, the Act’s limitation periods can affect a party’s ability to claim ownership or rights over a disputed piece of land, especially in cases of adverse possession.

Limitation of Actions Act 1974 (QLD)

The principles of adverse possession and acquiescence under common law are important in boundary disputes as they can lead to a change in legal ownership or agreed boundaries based on long-standing possession or a neighbour’s conduct over time.

This Act governs the surveying and mapping of land and the maintenance of cadastral records, which are the official records of land boundaries. In boundary disputes, accurate surveys are often pivotal in determining the precise location of boundary lines.

The Survey and Mapping Infrastructure Act 2003 (QLD)

This Act is relevant for boundary disputes within community titles schemes, providing the legal framework for the governance of body corporate entities and the management of common property. It is important in boundary disputes for clarifying the extent and limits of individual lots and common areas in strata-titled properties.

Body Corporate and Community Management Act 1997 (QLD)

Each of these legislative instruments plays a specific role in the resolution of boundary disputes, whether through defining legal boundaries, providing mechanisms for dispute resolution, or setting the timeframes within which claims must be made. Understanding the interplay of these Acts and the common law is essential in providing comprehensive legal advice and representation in boundary disputes.

Frequently Asked Questions About Boundary Disputes

A boundary dispute arises when neighbouring property owners disagree over the location of their property lines. This can involve fences, walls, buildings, or natural features that are believed to encroach upon one’s property.

Property boundaries are determined by the registered plan of your property, which can be obtained from the Queensland Government’s Department of Resources. For a precise determination, you may need to engage a licensed cadastral surveyor to conduct a boundary survey.

Review your property’s title deed, any registered plan, and historical documents that may include past agreements or easements. These documents can provide clarity on the legal boundaries of your property.

In most instances Yes, you can build a fence on the boundary line, but it is advisable to consult with your neighbour to obtain their agreement and ensure compliance with local council regulations and the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Qld).

It is advisable to initially try resolve the dispute amicably through discussion. If this fails, consider mediation or contact a solicitor specialising in property law for advice. As a last resort, legal action may be necessary to resolve your boundary dispute.

Typically, the cost of determining the boundary is shared between neighbours. However, if the matter escalates to litigation, the court may order one party to bear the costs depending on the circumstances.

Adverse possession is a legal principle that allows a person to claim ownership of land that they have occupied exclusively for a certain period, usually 15 years in Queensland. If a neighbour has occupied a section of your land for this period, they may have a claim to that land.

A cadastral surveyor is a professional who can accurately determine property boundaries. They conduct surveys to create plans that are used to define legal property boundaries and can be pivotal in resolving disputes.

There is no specific time limit for resolving boundary disputes; however, it’s generally advisable to address them promptly to prevent escalation. If adverse possession is a concern, action should be taken before the occupier completes the required period of possession.

Yes, unresolved boundary disputes can affect the sale of your property as they may raise concerns for potential buyers regarding the true extent of the property and any potential legal issues.

The Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Qld) provides guidance on this issue. You may be able to have the tree trimmed or removed if it’s causing damage or undue interference, but it’s best to seek legal advice before taking any action.

While not always necessary, involving a lawyer can be beneficial, especially if the dispute is complex or if it cannot be resolved through direct negotiation or mediation. A lawyer can provide an in depth understanding of the relevant legislations that govern boundary disputes, expert legal advice, represent you in negotiations or court, and ensure that your rights are protected.

These FAQs are designed to provide a general understanding of boundary disputes and are not a substitute for professional legal advice. For specific guidance on your situation, please contact our firm for a consultation with an expert in property disputes.

Every – Move – Matters

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Discover the latest insights on commercial disputes, building and construction, insolvency, personal injury, and more. Explore all our articles for in-depth legal updates from Axia Litigation Lawyers.

Discover the latest insights on commercial disputes, building and construction, insolvency, personal injury, and more. Explore all our articles for in-depth legal updates from Axia Litigation Lawyers.

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