Disputes over land, handled in the right order
Boundaries, fences, trees and disputes between co-owners.
A dispute over land often starts with a neighbour or a co-owner.
The law sets out notices and steps that come before any order.
Taking those steps in the right order protects your position.
We advise you on your rights and the next step.
Where is the boundary
The title and the registered plan describe the boundary.
A registered surveyor can mark it on the ground.
Where two independent registered surveyors disagree on a common boundary, an owner can apply to the Registrar General for a determination of the boundary.
In a fence dispute, either neighbour can also give a notice to have the boundary line defined.
Dividing fences
The Dividing Fences Act 1991 sets the rules for fences between neighbours.
Neighbours share the cost of a sufficient dividing fence equally.
A neighbour who wants a higher standard of fence pays the extra.
- Talk to your neighbour and try to agree on the work and the cost.
- If you cannot agree, serve a fencing notice. It sets out the boundary, the work and the estimated cost.
- Mediation can be tried at any stage.
- If there is no agreement one month after the notice is served, either neighbour can apply for a fencing order.
- The application is made to the NSW Civil and Administrative Tribunal or the Local Court.
Urgent repairs to a damaged fence can be done without notice in some cases.
Trees on a neighbour's land
The Trees (Disputes Between Neighbours) Act 2006 deals with trees that damage property or may injure someone, and with high hedges that severely block sunlight or views.
Applications are made to the Land and Environment Court.
- Talk to your neighbour. Get an arborist's advice.
- The Court must be satisfied you made a reasonable effort to reach agreement before it makes an order.
- Notice of the application must be given to the neighbour and the council at least 21 days before the preliminary hearing.
- The Court can order pruning, removal, repairs or compensation.
- A court filing fee applies.
Some trees are protected. Check with your council before you cut a tree or its branches.
Disputes between co-owners
Co-owners may disagree about whether to sell.
Under section 66G of the Conveyancing Act 1919, any co-owner can apply to the Court to appoint trustees for sale or for partition of the land.
The trustees sell the land, or divide it, and the proceeds are dealt with as the Court orders.
A sale by agreement between co-owners should be considered before any application.
First steps in any property dispute
- Get the title search and the registered plan.
- Keep records: photos, dates, letters and messages.
- Get a surveyor, arborist or builder's report where the facts are disputed.
- Speak to your neighbour or co-owner, in writing where possible.
- Get advice before you serve a notice or start proceedings.
Where neighbours get caught
Building a fence before giving notice
Without a fencing notice or agreement, recovering half the cost is harder.
Cutting a protected tree
Council permission may be needed before you prune or remove a tree. Fines can apply.
Skipping the attempt to agree
The Land and Environment Court will not make a tree order unless a reasonable effort to agree was made.
Applying too early
A fencing order application can be made only after one month from service of the fencing notice.
Assuming a co-owner can block a sale forever
The Court can appoint trustees for sale under section 66G.
Common questions
Does my neighbour have to pay half the fence?
For a sufficient dividing fence, neighbours share the cost equally. A neighbour who wants a higher standard pays the extra. If you cannot agree, serve a fencing notice.
Who decides a fence dispute?
The NSW Civil and Administrative Tribunal or the Local Court can make a fencing order, after one month from service of the fencing notice.
My neighbour's tree is damaging my property. What can I do?
Try to agree with your neighbour first. If you cannot, you can apply to the Land and Environment Court under the Trees (Disputes Between Neighbours) Act 2006.
My co-owner will not agree to sell. What are my options?
You can apply to the Court under section 66G of the Conveyancing Act 1919 for the appointment of trustees for sale. Get advice first.
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