Boundary disputes and encroachment: spotting and resolving them

Land on the ground and land in the records don't always match. A bund built decades ago in the wrong place, a fence that wandered when it was rebuilt, a neighbour who extended their field a little each season — over time, small differences become real disputes. For anyone leasing, selling or developing land, boundary problems are among the most common issues uncovered in due diligence.

How boundary problems arise

• Physical markers not following survey lines. Fences, bunds, hedges and walls built by eye rather than measured.
• Lost survey stones. Original boundary markers moved, buried or removed.
• Gradual encroachment. Cultivation creeping over a boundary season by season.
• Informal arrangements. Neighbours swapping or sharing strips without records.
• Unrecorded subdivisions. Portions of a survey number sold without clear boundaries. See survey number subdivision records.
• Errors in records. Old sketches or measurements that were wrong from the start.

Types of encroachment

Onto your land

A neighbour cultivates, builds or fences on part of your recorded land.

From your land

Your own fence, building or cultivation extends onto a neighbour's land — or onto government land, such as a channel, tank or road margin. This is easy to miss, because you may not know you are doing it.

Onto government land

Encroachment on poramboke land, water bodies or road margins is common and can be a serious legal issue. See land use classification.

Detecting boundary issues

Compare records with the ground

1. Obtain the FMB sketch for your survey number and adjoining ones. See FMB sketch explained.
2. Have a licensed surveyor measure and mark the boundaries on the ground.
3. Compare surveyed boundaries with physical fences, bunds and structures.
4. Record any differences, with measurements and photographs.

Look for warning signs

• Recorded extent differs noticeably from what is physically held
• Fences with odd angles or kinks
• Neighbours mentioning old disagreements
• Structures close to or straddling a boundary
• Water channels or paths across the land

Ask locally

Village officials and neighbours often know the history of a boundary.

Why it matters for projects

Solar plants

Solar layouts fill the available land. If boundaries are wrong, modules, fences or roads may be built on someone else's land, causing disputes or the need to dismantle. See solar plant layout basics.

Wind farms

Turbine positions, roads and cable routes must sit on secured land. See wind project right of way.

Industrial land

Factory buildings, compound walls and setbacks are planned to boundaries. An encroachment found after construction is expensive to fix. See industrial land due diligence checklist.

Resolving boundary issues

1. Agreement with neighbours

Many disputes are resolved by showing neighbours the survey results and agreeing on the correct line. Where both parties accept, the boundary can be re-marked, and an agreement recorded.

2. Adjustment

Sometimes parties agree to adjust boundaries — swapping strips — formalised by registered documents and updated records.

3. Revenue and survey authorities

Applications may be made to the survey authorities for boundary demarcation. Official demarcation carries more weight than a private survey.

4. Legal proceedings

If agreement is impossible, disputes may go to the civil courts. This can take a long time, which is why developers often avoid land with active boundary disputes.

Before leasing or selling

• Commission a boundary survey
• Resolve differences with neighbours
• Make sure your own structures are within your land
• Check for encroachment on government land
• Ensure the lease or sale schedule describes the correct surveyed boundaries

See preparing land for sale or lease.

Fencing after a survey

Once boundaries are agreed, fencing to the surveyed line — with neighbours' knowledge — reduces future disputes. Keep survey reports and photographs on file.

Encroachment on leased project land

Boundary problems don't end when a lease is signed. During a long project life, neighbours may extend cultivation up to or through a plant fence, build structures close to it, or use access roads informally. Periodic boundary checks, clear fence lines and good relations with neighbours keep small encroachments from turning into disputes. The lease should say who is responsible for dealing with encroachment on the leased area — the landowner, the project company, or both together.

Using coordinates and imagery

Modern boundary surveys record corner coordinates using GPS and total station instruments. Those coordinates can be overlaid on satellite or drone imagery to monitor boundaries over time without a full re-survey. This is especially useful on large multi-parcel sites, where dozens of boundaries need watching. Imagery doesn't replace a survey for resolving a dispute, but it shows early when something has changed.

A note on records versus possession

Records and possession can each be strong evidence, and where they conflict, the outcome depends on facts and applicable law. That is why disputes are best avoided rather than litigated: resolve differences while both neighbours are still willing to talk, and record the outcome properly.

Common mistakes

• Assuming fences mark legal boundaries
• Not checking whether your own land encroaches on others
• Ignoring small differences that later grow
• Designing layouts before a boundary survey
• Proceeding with land under active dispute

How we help

Through land documentation and due diligence and solar land services, we coordinate boundary surveys, compare results with records, and help landowners and neighbours resolve differences before land is leased, sold or built on.