Boundary Disputes: Complete Guide
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Boundary disputes arise when neighbours disagree about where the legal boundary lies, who owns a fence or retaining wall, or whether structures or landscaping have crossed onto adjacent land. These issues are common, and they often escalate quickly because property boundaries affect privacy, access, drainage and future development.
This guide explains how boundaries are defined, what causes disputes, and the practical steps a lawyer takes to resolve them before they turn into expensive litigation.
How Property Boundaries Are Legally Defined
Warning: Never assume the existing fence is the legal boundary. Many fences were built without reference to the survey plan. Altering or replacing a fence in the wrong location can expose you to liability, even if the previous owner installed it.
Property boundaries come from the survey plan recorded on the title. These plans show the exact legal extent of each parcel of land, including angles, distances and survey marks. The physical fence or hedge is not always the legal boundary; it may have been built in the wrong place, moved over time, or installed for practical reasons rather than accuracy.
A lawyer examines the record of title, survey plan and any easements or covenants to determine how the boundary was originally defined. If the boundary has been altered through subdivision, reclamation or neighbour agreements, updated plans and diagrams may apply. If uncertainty remains, a licensed cadastral surveyor can carry out a boundary redefinition survey to confirm the legal line on the ground.
Common Causes of Boundary Disputes
Encroachments discovered only during a sale, renovation or survey often surprise owners who believed everything was compliant. Resolving these issues proactively is far cheaper than negotiating under time pressure during a property transaction.
Misaligned Fences or Retaining Walls
Fences often wander over time due to movement, vegetation or construction by previous owners without accurate measurements. Retaining walls add complexity because they affect stability, drainage and land levels, which can create safety obligations.
Encroachments
An encroachment occurs when a structure, driveway, deck, garden, or extension crosses the boundary and occupies part of a neighbour’s land. Encroachments may be intentional, accidental or inherited from previous owners.
Access and Shared Driveways
Shared accessways and rights of way often run along boundaries. Disputes emerge when one neighbour blocks access, alters the surface, installs gates, or changes drainage without agreement.
Trees and Vegetation
Roots or branches crossing boundaries can damage structures, block sunlight or interfere with drainage. Responsibility for trimming or removal depends on where the trunk sits and whether harm is being caused.
Need help issuing a fencing notice?
We can connect you with lawyers who prepare valid Fencing Act notices and manage neighbour disputes.
What the Law Says About Fences and Boundary Structures
Warning: Replacing a boundary fence without proper notice, or building on the wrong side of the boundary, can create liability even if you are trying to improve the property. Consult a lawyer before carrying out work near a boundary.
Boundary fences are typically cost-shared between neighbours if they are “adequate” for the properties involved. If a fence is damaged, decaying or inadequate for privacy, safety or stock control, neighbours may need to negotiate repair or replacement. If agreement cannot be reached, the Fencing Act sets out a formal process for giving notice and determining cost-sharing.
Retaining walls are treated differently. A retaining wall that supports only one property is usually the responsibility of that owner. If it supports both properties or alters natural ground levels, responsibility and cost-sharing can be more complex.
What Happens When You or a Neighbour Cross the Line
Boundary adjustments and encroachment settlements take time because they often require survey work, neighbour agreements and title updates. Starting the process early can prevent disputes from delaying property sales, renovations or finance applications.
Most encroachment disputes are resolved through negotiation after the legal boundary is confirmed. Solutions may include:
- moving structures or fences
- formalising existing use through easements
- agreeing on limited access rights
- boundary adjustments or survey updates
- mediation supported by legal advice
If no agreement can be reached, court action may be required to determine rights and obligations.
Trees, Roots and Overhang: Rights and Responsibilities
Warning: Cutting or removing a neighbour’s tree without consent can lead to significant liability, even criminal charges, if the tree is protected. Always get legal advice before taking action.
If a tree on your neighbour’s land causes damage to your property, you may have the right to recover the cost of repairs. You can usually trim branches or roots that cross onto your land, but only up to the boundary and without harming the tree itself. If a tree poses a significant risk or is encroaching heavily, negotiation or legal action may be required.
If the tree sits exactly on the boundary line, both neighbours may share ownership and responsibility.
Need help with a boundary issue?
We connect property owners with lawyers who specialise in access, encroachment and fencing disputes.
Steps to Resolve a Boundary Dispute
Most disputes can be resolved without litigation. A lawyer’s role is to de-escalate conflict, propose workable options and ensure any agreement is documented so the issue does not return when the property is sold.
Step 1
Identify the Legal Boundary
A lawyer reviews the title and survey plan. If unclear, a surveyor is engaged to locate the boundary accurately.
Step 2
Document the Issue
Photographs, measurements and written records help clarify what’s happening and support negotiation.
Step 3
Open Communication with the Neighbour
Many disputes resolve quickly with a calm discussion backed by clear information.
Step 4
Negotiate a Practical Solution
Options include moving structures, cost-sharing, registering an easement, adjusting the boundary or recording a formal agreement.
Step 5
Use the Legal Framework if Needed
Where negotiation fails, notices under the Fencing Act, mediation or court action may be needed.
When to Involve a Property Lawyer
You should contact a lawyer when:
- A neighbour disputes the location of the boundary
- A survey shows a fence or structure is in the wrong place
- You suspect an encroachment
- You plan to build near a boundary
- A fence or retaining wall is failing or unsafe
- A neighbour refuses to contribute to fence repairs
- Trees or vegetation are causing damage
- You need an easement or boundary adjustment
A lawyer ensures the boundary is correctly identified, helps negotiate with neighbours, drafts agreements, and protects you from liability during repairs or construction.
Dealing with a boundary issue?
Get a property lawyer to review the boundary, survey plan and dispute details.
Early advice can prevent unnecessary conflict, protect your rights and avoid costly mistakes.
Frequently Asked Questions
What causes boundary disputes?
Boundary disputes arise when neighbours disagree about the location of a boundary, fencing responsibilities, encroachments, access rights or alterations that affect property lines. These issues often involve unclear survey data, historical errors, or assumptions based on informal boundaries.
How do I confirm my property boundary?
Your boundary is defined by the Record of Title and the survey plan attached to it. A licensed Cadastral Surveyor can accurately mark boundary points on-site. This is often the first step when there is disagreement about fencing or encroachments.
What if a neighbour has built across the boundary?
This is known as encroachment. Options include negotiating an easement, adjusting the boundary, removing the encroaching structure or seeking compensation. A lawyer advises which option is realistic and how to resolve the issue without escalating.
What does the Fencing Act require?
New Zealand’s Fencing Act requires neighbours to share the cost of an adequate boundary fence, unless another agreement exists. If neighbours disagree, a formal fencing notice can be issued. Lawyers can help prepare or respond to fencing notices to avoid disputes.
Do boundary disputes go to court?
Some disputes escalate to the District Court or High Court if negotiation fails. However, most are resolved through legal correspondence, mediation or agreements between the parties once boundaries are accurately identified.
You don’t need all the answers
Property issues can feel overwhelming — especially when you’re facing deadlines. Sharing a few details about your situation is enough for a lawyer to understand the context and guide you through the next steps.
Get Help With Boundary or Fencing Disputes
Boundary issues can escalate quickly and often require legal clarity. Sharing the Record of Title, survey plans, correspondence and a short summary of the dispute helps match you with lawyers experienced in boundary, access and fencing disagreements.