Boundaries
Case study - Tim and Roberto
Tim lives in the property next door to Roberto. There is no fence dividing their properties, and both Tim and Roberto prefer not to have a fence. However, Tim is concerned that Roberto sometimes puts rubbish and building materials on Tim's property. Tim has spoken to Roberto and Roberto has told Tim that the rubbish and building materials are on his side of the boundary. Tim would like to confirm where the common boundary is.
You or your neighbour may want to find out where the common boundary line is between your properties so that you can build a fence or so that you know where one property ends and the other begins.
Determining the boundary for fencing work
If you and your neighbour want to build, fix or replace a fence, but you disagree about where the common boundary between your properties is (or you do not know where it is), you can serve a Boundary Notice on your neighbour. This is a procedure under the Dividing Fences Act 1991. A Boundary Notice tells your neighbour that you want to work out where the boundary is so you can do fencing work and sets out the steps that you and your neighbour can take to do this.
If you receive a Boundary Notice, you have seven days to peg out where you think the boundary is or hire a surveyor to determine the boundary. If you do not do anything, your neighbour may be able to hire a surveyor and claim half the costs from you.
For more information, see
Boundaries and fences.
If there are other fencing issues that you and your neighbour disagree about, for example the type of fence that should be built or who should pay, see
Building, fixing or replacing a fence.
Determining the boundary for other reasons
If you or your neighbour want to determine the common boundary for a reason other than doing fencing work, you can make an application to the Registrar General for a 'Determination of Title Boundary.'
Before you can make an application, you will need to organise your own survey. The Registrar General will only consider matters where some doubt has been raised about where the boundary is (for example, a conflict between two different surveys).
The application must be filed through 
NSW Registry Services.
If your neighbour files an application for a Determination of Title Boundary you will be notified by the Registrar General and asked to make submissions (a response that explains your argument) within a set time (usually 21 days).
For more information, see
Finding the boundary.
If the reason that you want to determine the common boundary is so you can do fencing work, it is usually cheaper and faster to serve a Boundary Notice. For more information see
Boundaries and fences.
For answers to commonly asked questions, see Frequently Asked Questions.