In the high-density suburbs of Sydney, where every centimetre of land is worth a premium, “where the fence goes” is one of the most common sources of conflict between neighbours. Whether you are planning to build a new timber fence, construct a masonry retaining wall, or simply want to know if your neighbour’s new garden shed is encroaching on your backyard, a Boundary Identification Survey is your most powerful tool.
Many homeowners mistakenly believe that a fence line is the boundary. In reality, fences are often built “off-line” due to old building practices, shifting soil, or simple human error. In this guide, we’ll explore how a professional identification survey works and why it is the only legal way to settle property line questions in New South Wales.
What Exactly is a Boundary Identification Survey?
A Boundary Identification Survey (often called an “Ident”) is a highly technical process where a Registered Land Surveyor re-establishes the legal boundaries of a property based on historical records held by the NSW Land Registry Services (LRS).
Our surveyors look at the original “Deposited Plan” (DP) for your street, which might date back 50 or even 100 years. We then use high-precision equipment to locate “reference marks”—permanent survey points found in the kerb or street—to mathematically calculate exactly where your property starts and ends.
Key features of this survey include:
- Boundary Pegging: Placing physical markers (pegs or drill holes) at the corners of your land.
- Encroachment Reporting: Identifying if any buildings, eaves, gutters, or fences cross the legal boundary line.
- Compliance Check: Ensuring that existing structures on the land comply with the required setbacks from the boundary.
Why You Might Need a Boundary Survey in Sydney
1. Resolving Fencing Disputes
Under the Dividing Fences Act 1991 (NSW), neighbours are generally required to share the cost of a “sufficient” fence. However, disagreements often arise regarding the location of that fence. If you suspect the current fence is in the wrong spot, you cannot simply tear it down. A Boundary Identification Survey provides the legal “source of truth.” Once the pegs are in the ground, there is no more room for guesswork, and both parties can proceed with confidence.
2. Building Retaining Walls or Extensions
If you are building a retaining wall on the boundary, you are literally changing the landscape. If that wall is accidentally built 10cm into your neighbour’s property, they have the legal right to demand its removal—an incredibly expensive mistake. Sydney councils and certifiers will almost always require a boundary survey before work begins to ensure you aren’t building yourself into a legal nightmare.
3. Purchasing a New Property
Understanding "Encroachment": What Happens if the Survey Shows a Problem?
An encroachment occurs when a structure from one property intrudes onto another. This could be as minor as a gutter overhang or as significant as a brick garage wall.
If our survey reveals an encroachment, there are several ways it is typically handled in Sydney:
- Removal: The encroaching structure is modified or removed.
- Easement for Encroachment: A legal agreement is reached where the encroachment is allowed to stay, but the intruding party pays compensation or registers a formal easement on the title.
- Boundary Adjustment: In some cases, neighbours agree to shift the legal boundary line slightly to “legalise” the encroachment (this requires a new Plan of Subdivision).
The Difference Between a "Surveyor" and a "Registered Surveyor"
In NSW, not all surveyors are the same. To legally define a property boundary, the work must be performed or supervised by a Registered Land Surveyor.
Registered Surveyors are the only professionals authorised to sign off on boundary plans that are recognised by the NSW Courts and the LRS. At East West Surveyors, our team includes highly experienced Registered Surveyors who understand the intricacies of Sydney’s complex land titles.
How the Process Works with East West Surveyors
When you book a Boundary Identification Survey with us, we follow a rigorous professional workflow:
- Search & Research: We obtain the latest title deeds and deposited plans from the NSW LRS.
- Fieldwork: Our team visits your site to locate existing survey marks and measure the position of all relevant structures and fences.
- Boundary Calculation: We return to the office to calculate the boundary based on the mathematical evidence found on-site.
- Marking Out: If requested, we return to the site to “peg” the corners so you and your builder can see exactly where the line sits.
- Formal Report: We issue a comprehensive Identification Survey Report and Plan, which can be provided to your builder, neighbour, or solicitor.
Protect Your Investment Today
Dealing with a boundary issue or planning a new fence in Sydney? Get a Quote from East West Surveyors or call us on 02 8386 2318 to speak with a professional today.
