NSW Incorrect position of boundary peg

Discussion in 'Property Law Forum' started by Renovator11, 12 February 2019.

  1. Renovator11

    Renovator11 Active Member

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    As per the Dividing Fences Act below, a neighbour can be asked to define the boundary of their property. This can take the form of them placing pegs where they think the boundary is. If the adjoining neighbour then gets a registered surveyor to define the boundary and the pegs are ascertained to be in the same position defined by pegs placed there by the owner receiving the notice, then the neighbour doesn't have to pay half the surveying costs.

    My question is in legal terms what is a resonable interpretation of "same position" - 1mm, 1cm or 1m out??? It is obviously going to always be out by some degree.


    DIVIDING FENCES ACT 1991 - SECT 18

    Procedure for defining boundary line

    18 Procedure for defining boundary line:
    (1) An adjoining owner may give notice in writing to the other adjoining owner of his or her intention to have the common boundary line defined by a registered surveyor if the owners do not agree on the position of the common boundary line for the purposes of carrying out fencing work.

    (2) The owner receiving the notice may, within 7 days after service of the notice:
    (a) define the position of the common boundary line by pegs if satisfied as to its position, or
    (b) employ a registered surveyor to define the common boundary line,
    and in either case is to inform the other adjoining owner in writing of what has been done.

    (3) The owner giving the notice may have the common boundary line defined by a registered surveyor if the owner to whom the notice is given has, within 1 month after service of the notice, defined the common boundary line by pegs or failed to have the common boundary defined by a registered surveyor.

    (4) If the common boundary line as defined by a registered surveyor is ascertained to be in the same position defined by pegs placed there by the owner receiving the notice, that owner is entitled to recover from the owner giving the notice any costs incurred.

    (5) In any other case when a registered surveyor has been employed, all reasonable expenses are to be paid in equal shares by the adjoining owners.

    (6) In this section, "registered surveyor" means a person registered under the Surveying and Spatial Information Act 2002 as a surveyor.
     
  2. Tripe

    Tripe Well-Known Member

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    A surveyor would be within 1cm.
     
  3. Renovator11

    Renovator11 Active Member

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    Are you inferring that if the peg is outside that margin of error (i.e. it has to be moved more than 1cm) then it could reasonable be considered to have been in the wrong place?
     
  4. Tripe

    Tripe Well-Known Member

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    A surveyor will install a small peg roughly 50x50 mm and then they will hammer in a nail on this peg, this nail will be precisely set out and will be the boundary line.
     
  5. Renovator11

    Renovator11 Active Member

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    What if it happens to be on an existing block wall? Do they mark with paint or something?
     
  6. Tripe

    Tripe Well-Known Member

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    Not sure, but they will also install iron pins etc in the ground to help reestablish boundary corner points.

    For example they may install a pin 1m north and another 1m west of a corner peg, to help reestablish the true corner point.

    You can buy the original notes from the titles office, to help establish boundaries.

    But, sometimes these notes are over a century old and iron pins etc are very hard to find.

    I know with my property, one of my boundaries is measured from the corner of an old concrete water tank!!!!
     
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