If you want to find out where the common boundary is between your property and your neighbour's property, you can hire a registered surveyor to define the boundary. You can find surveyors in the Yellow Pages under 'land surveyors'.
If there is some issue with the surveyor's report (for example it conflicts with another survey that has been done), or there is some other reason that there is still doubt about where the boundary is, it is possible to make an application to the Registrar General of New South Wales to determine the boundary.
If you and your neighbour want to confirm where a boundary is so that you can do fencing work, see Boundaries and fences.
You can make an application by filling out a 'Determination of title boundary' form.
You can get a copy of the form:
Land Registry Services provide resources to help with these applications: a factsheet and the Registrar General's Directions. You can find these on the NSW Land Registry Services website.
It is a good idea to contact Land Registry Services on 1300 052 637 before you fill in your form to discuss your boundary dispute and your application.
When you have filled in the form, signed it and had it witnessed, you must file it at the office in person.
You must pay a filing fee of $138.80 (as at 1 July 2017). This can be paid by cheque, money order, cash or credit card (Visa or MasterCard).
You should include any documents that support your application, including any identification survey reports.
The Registrar General may request that you provide any further necessary documents.
It is a good idea to contact Land Registry Services before you make your application as they may be able to tell you more about what information should be included in your specific case. You can call Land Registry Services on 1300 052 637.
After receiving the application the Registrar General must:
The Registrar General will give your neighbour at least 21 days to make written submissions about the application.
If the Registrar General thinks it is necessary, they will investigate the matter and may hire a surveyor. If this happens, you will be asked to pay for the costs of the investigation and/or survey. If you do not pay the requested amount, the Registrar General can refuse to give you their decision until the money is paid.
If the Registrar General does not believe there is any doubt about the position of the boundary, the application will be refused. The person that made the application will be provided with the reasons for the refusal.
If the Registrar General does make a decision about the position of the boundary, the applicant, the owner of the neighbouring property and the surveyor will be notified.
If an owner is not happy with the decision made by the Registrar General, it is possible to appeal to the Land and Environment Court, within 28 days of receiving notice of the decision.
If you want to appeal you should get legal advice.
For answers to commonly asked questions, see Frequently Asked Questions.