Property Boundary Disputes in Brisbane: How to Resolve Them

2026-02-06Legal & Disputes
Property Boundary Disputes in Brisbane: How to Resolve Them

Property boundary disputes are one of the most common reasons Brisbane homeowners contact a land surveyor.

Whether it's:

  • A neighbour building a fence in the wrong position
  • An encroaching structure
  • Confusion about where one property ends and another begins

...a professional boundary survey is the definitive way to resolve these disputes.

At City Surveyors Brisbane, we help property owners across Brisbane resolve boundary disputes quickly and legally. Here's everything you need to know about handling boundary issues in Queensland.

Resolving property boundary disputes infographic showing resolution process and common causes

Common Causes of Boundary Disputes in Brisbane

Boundary disputes arise for many reasons, and they're more common than most people think. In older Brisbane suburbs, original survey marks may have been destroyed during construction, landscaping, or road widening over the decades.

Common triggers include:

  • Fence positioning: The most common dispute — existing fences that don't align with actual property boundaries
  • New construction: A neighbour building a shed, pool, or extension close to what they believe is the boundary
  • Overhanging trees and vegetation: Disputes about who owns trees on or near boundaries
  • Driveway encroachments: Shared driveways or access that crosses boundary lines
  • Retaining walls: Structures built on or near boundaries, especially on sloped Brisbane blocks
  • Subdivision history: Older subdivisions where lot boundaries aren't clearly defined on the ground

How a Boundary Survey Resolves Disputes

A professional cadastral surveyor is the only professional legally authorised to determine and mark property boundaries in Queensland.

When we conduct a boundary survey for dispute resolution, we:

  1. Research historical records: We examine original survey plans, title documents, and any previous surveys held by the Department of Resources
  2. Locate existing survey marks: We search for existing boundary pegs, reference marks, and survey control in the area
  3. Conduct fieldwork: Using precision GPS and total station equipment, we measure and calculate the exact position of your boundaries
  4. Place survey pegs: We install durable survey pegs at each corner of your property
  5. Provide documentation: You receive a signed survey plan and report that can be used as legal evidence if needed

Queensland Law on Boundary Disputes

In Queensland, the Survey and Mapping Infrastructure Act 2003 and the Land Title Act 1994 govern property boundaries and surveys.

Key points to understand:

  • Survey pegs are legal markers: It's an offence under Queensland law to remove, damage, or interfere with survey marks without authorisation
  • Fences don't define boundaries: A fence built in the wrong position doesn't change the legal boundary — the registered survey plan does
  • Adverse possession is limited: In Queensland, you generally cannot claim ownership of land through long-term use alone (unlike some other states)
  • Encroachments can be resolved: The Property Law Act 1974 provides mechanisms for dealing with encroaching structures

Steps to Resolve a Boundary Dispute

Step 1: Talk to Your Neighbour

Before engaging a surveyor, try having a calm conversation with your neighbour. Many disputes arise from genuine misunderstandings about where the boundary is.

Explain your concerns and suggest getting a professional survey to determine the actual boundary position.

Step 2: Get a Professional Boundary Survey

If talking doesn't resolve the issue, the next step is a professional boundary survey. This provides definitive, legally binding evidence of where your boundary is.

The survey can be done at your request — you don't need your neighbour's permission to survey your own property.

Step 3: Share the Results

Once the survey is complete, share the results with your neighbour. In many cases, seeing the professional survey plan resolves the dispute immediately. If the fence or structure is on the wrong side of the boundary, you can discuss options for rectification.

Step 4: Mediation if Needed

If your neighbour disputes the survey results or refuses to address an encroachment, you can seek mediation through:

  • Queensland Civil and Administrative Tribunal (QCAT)
  • Dispute Resolution Centre Queensland

This is cheaper and faster than going to court.

Step 5: Legal Action as Last Resort

If all else fails, you may need legal advice. Your survey plan and report serve as expert evidence in any legal proceedings.

Most boundary disputes are resolved well before this stage.

How Much Does a Boundary Dispute Survey Cost?

A boundary survey for dispute resolution provides definitive, legally recognised answers — far less expensive than pursuing legal action without clear evidence.

Preventing Future Disputes

  • Get a survey before building: Always confirm boundaries before building fences, sheds, pools, or extensions
  • Keep survey documents: Store your survey plan safely — you may need it years later
  • Protect survey pegs: Don't remove or bury boundary pegs during landscaping or construction
  • Communicate with neighbours: Let them know before you build near shared boundaries

Need help resolving a boundary dispute? Contact City Surveyors Brisbane or call (07) 3477 9914 for a free consultation.

We'll help you understand your options and get the answers you need.

Need a Professional Land Surveyor?

Contact City Surveyors Brisbane for expert advice and a free quote.

Call Now — (07) 3477 9914