How to Resolve Boundary Disputes With a Professional Land Survey in Melbourne

Boundary disputes can be stressful for property owners. A disagreement may start with something as simple as a fence, driveway, retaining wall, or building that appears to sit across a property line. When the actual boundary is unclear, relying on an old fence or visual measurements can make the situation more difficult.

A professional survey can provide accurate information about the location of a property boundary. For Melbourne property owners, working with a qualified surveyor can help clarify the situation and provide useful information before taking further action.

What Causes Boundary Disputes?

Boundary disputes can happen for several reasons. In some cases, an old fence may not have been placed exactly on the legal boundary. Other issues can arise when property has changed hands, buildings have been added, or land has been developed over many years.

Common causes include:

The important point is that what appears to be the boundary on the ground may not always be the legal boundary.

Why a Boundary Survey Can Help

A boundary survey provides measured information about the property and its boundaries. Instead of relying on assumptions, a surveyor can examine the available property information and compare it with what is found at the site.

This can help property owners understand:

A survey does not automatically settle a legal dispute. However, accurate survey information can give property owners and their legal advisers a clearer factual basis for discussing the issue.

What Are Title Re-Establishment Surveys?

Title re-establishment surveys are used to establish the position of property boundaries based on the legal title and relevant survey information.

Property boundaries can be difficult to identify simply by looking at a property. Surveyors may need to review title documents, plans, previous survey information, and physical evidence at the site before determining the boundary position.

This is why a title re-establishment survey can be useful when there is uncertainty about a property boundary.

For example, if two neighbors disagree about the location of a fence, a professional survey can help establish where the title boundary lies rather than relying only on the fence's current position.

The Role of Boundary Re-Establishment

Boundary re-establishment is particularly important when an owner needs to know the position of a legal property boundary before carrying out work.

It may be useful when:

1. Replacing an existing fence
2. Building an extension
3. Constructing a garage or shed
4. Installing a retaining wall
5. Planning development work
6. Investigating a possible encroachment
7. Discussing a boundary concern with a neighbour

Getting this information early can help avoid making decisions based on an incorrect assumption about the property line.

Why You Should Use a Licensed Land Surveyor

Property boundaries are not something that should be determined by guesswork. A licensed land surveyor has the professional knowledge and legal authority required for relevant surveying work in Victoria.

Greater Melbourne Surveyors states that only a licensed land surveyor can legally undertake title re-establishment surveys and subdivisions in Victoria. The company also provides surveying support for property boundaries and related matters.

Using a properly qualified surveyor can give property owners greater confidence that the survey work is being completed by someone with the appropriate professional qualifications.

How the Survey Process Works

Every property is different, but a professional survey generally involves several stages.

1. Understanding the Property

The surveyor first discusses the property and the reason for the survey. This helps determine what information is needed.

2. Reviewing Available Information

Relevant title and survey information is considered as part of the process.

3. Inspecting the Site

The surveyor visits the property to examine existing features and collect measurements.

4. Taking Accurate Measurements

Survey equipment is used to measure the site and relevant physical features. Greater Melbourne Surveyors says its surveying process can use Total Stations, GNSS, drones, 3D scanning, and traditional surveying tools.

5. Preparing the Survey Information

The collected information is processed and used to prepare the appropriate survey documents.

6. Explaining the Results

The survey information can then be used by the property owner, builder, developer, or other professional involved in the matter.

What If the Fence Is Not on the Boundary?

This is one of the most common concerns during a boundary disagreement.

An existing fence may have been installed years ago and could be positioned differently from the legal boundary. That does not necessarily mean that either property owner intentionally placed it incorrectly.

Before removing or moving a fence, it is sensible to obtain professional survey information. This can help establish the boundary before further decisions are made.

Can a Survey Prevent Future Boundary Problems?

A survey cannot prevent every disagreement, but getting accurate boundary information before starting property work can reduce the risk of avoidable problems.

For example, before building a structure close to a boundary, a survey can provide information about where the boundary is located. This allows the project team to plan the work with better information.

The same principle applies to fencing, renovations, subdivisions, retaining walls, and other projects that may be affected by property boundaries.

When Should You Arrange a Survey?

You should consider professional surveying support if:

Getting the survey done before construction or other property work can be much more useful than discovering a boundary problem after work has started.

How Greater Melbourne Surveyors Can Help

Greater Melbourne Surveyors provides land surveying and development services for homeowners, builders, developers, and commercial clients across Melbourne.

The company's services include title re-establishment, land subdivision, easement and restriction work, title amendments, feature and level surveys, set-out surveys, and other property-related surveying services. It also states that its team has more than 20 years of experience and provides detailed survey documentation for residential and commercial projects.

For a property owner dealing with a boundary concern, the first step is to understand the actual situation through accurate survey information.

Key Takeaways

• Boundary disputes can arise from fences, structures, old plans, or unclear property information.
• An existing fence does not always show the legal property boundary.
• A boundary survey can provide accurate information about the property.
• Title re-establishment surveys can help establish the position of legal property boundaries.
• Boundary re-establishment can be useful before fencing, construction, or development work.
• A licensed land surveyor should handle professional boundary surveying work.
• Getting accurate information early can help reduce confusion and avoid unnecessary problems.

FAQs

1. What Is a Boundary Survey?

A boundary survey is professional survey work used to identify and establish the location of property boundaries using relevant title, survey, and site information.

2. Can a Survey Resolve a Boundary Dispute?

A survey can provide accurate information about the location of a property boundary. This can help clarify the facts involved in a disagreement, although legal disputes may require additional professional or legal advice.

3. Is My Existing Fence Always the Legal Boundary?

No. An existing fence may not have been built exactly on the legal property boundary. A professional survey can help determine the correct boundary position.

4. When Should I Get a Title Re-Establishment Survey?

It can be useful when you are unsure about the location of your property boundary, especially before building, fencing, developing land, or dealing with a boundary disagreement.

5. Why Should I Use a Licensed Land Surveyor in Melbourne?

A licensed professional has the required qualifications to carry out relevant surveying work and can provide appropriate survey information for property and boundary matters.

Conclusion

Boundary disputes can become more complicated when property owners rely on assumptions rather than accurate information. A professional survey can provide a clearer understanding of the property's boundaries and help owners make informed decisions before taking further action.

Whether the issue involves a fence, building, retaining wall, development project, or possible encroachment, obtaining the right survey at the right time can help reduce uncertainty.

For professional surveying support in Melbourne, Greater Melbourne Surveyors provides title re-establishment, boundary, subdivision, and other land surveying services for residential and commercial property projects.