Why Encroachment is a Big Deal
Picture this: you’ve just moved into your dream home in Australia, and life is great. One day, you decide to build a new shed in your backyard. Fast forward a few months, and your neighbour is at your doorstep with a lawyer’s letter—turns out, your shed is sitting on their land.
This is encroachment—and it can cause major legal headaches. Whether it’s an overgrown hedge creeping onto a neighbour’s property, a fence that’s built in the wrong place, or even a part of a building extending onto someone else’s land, encroachment is a serious issue in land surveying.
So, what exactly is it, and what should you do if you’re dealing with one? Let’s break it down.
What is Encroachment?
In simple terms, encroachment occurs when a structure or feature extends beyond a legal boundary into someone else’s land.
This could be intentional (someone knowingly building over a boundary) or accidental (a mistake in measuring property lines). Either way, it can lead to disputes, legal action, and even forced removal of the encroaching structure.
Common Types of Encroachment
Structural Encroachment
This is when a part of a building or structure crosses over into a neighbouring property. Examples include:
• A house extension that crosses the property line.
• A balcony or roof overhang that extends into the neighbour’s airspace.
Landscaping Encroachment
Plants and trees can inadvertently spread beyond property lines, causing disputes. Common issues include:
• Tree roots damaging a neighbour’s foundation.
• Hedges or bushes growing beyond the property boundary.
Fencing Encroachment
One of the most common issues in Australia—fences are often built without proper boundary surveys, leading to them being placed on the wrong side of the boundary line.
How Encroachments are Identified
The best way to confirm whether your property or a neighbour’s structure is encroaching is through a land survey.
Steps to Identify Encroachment:
✅ Title Search – Check official property boundaries and registered plans.
✅ Boundary Survey – A licensed land surveyor will measure and mark exact property lines.
✅ Council Records & Approvals – Sometimes, councils have documentation on encroachments or easements.
If you suspect an issue, don’t guess—hire a surveyor to confirm before taking action.
Legal Implications of Encroachment
In Australia, land ownership is strictly regulated, and encroachment can lead to serious legal trouble. Depending on the severity, you may:
⚖ Be forced to remove the encroachment – If you’re encroaching, the neighbour can demand that you fix or demolish the structure.
⚖ Be required to compensate the affected landowner – In some cases, financial settlements are negotiated.
⚖ Lose rights to your land – If an encroachment remains unchallenged for long enough, the encroaching party may claim ownership through adverse possession laws (though this is rare).
If you’re facing an encroachment issue, seeking legal advice and surveyor assistance is the best course of action.
How to Resolve an Encroachment Issue
If you discover an encroachment on your land or from your property onto another, you have a few options:
✔ Talk to Your Neighbour – Many disputes can be resolved amicably through discussion and compromise.
✔ Negotiate an Agreement – If the encroachment isn’t causing harm, a written agreement allowing it to remain (often for compensation) may be possible.
✔ Apply for an Easement – In some cases, legal permission (an easement) can be granted to allow the structure to remain.
✔ Go to Court – If no agreement is reached, legal action may be necessary to enforce property rights.
The key is to act quickly before the encroachment becomes a bigger issue.
FAQs: Your Encroachment Questions Answered
How can I prevent encroachment issues when buying land?
Before purchasing land, always:
• Get a boundary survey to confirm property lines.
• Check council records for existing encroachments or disputes.
• Talk to neighbouring landowners to understand any informal agreements.
Can I remove an encroaching structure from my land?
In most cases, yes—but legal procedures must be followed. A surveyor and solicitor can guide you through the process of serving a legal notice and, if necessary, seeking court orders for removal.
What happens if I unknowingly encroach on my neighbour’s land?
If the encroachment is small and neither party minds, it may be resolved through an agreement. However, if your neighbour objects, you may have to remove the structure or buy the land you encroached on.
Final Thoughts
Encroachment is more common than people think, but it’s not something you want to ignore. Whether you’re building a fence, planting trees, or extending your home, knowing your property boundaries is crucial.
If you’re unsure, a licensed land surveyor can provide the clarity you need—saving you from costly legal battles and potential property disputes down the track.
Want to avoid encroachment issues? Book a boundary survey today!