Boundary Disputes
Boundary disputes can be highly disruptive, often involving neighbours, bodies corporate/owners corporations or developers with competing property rights and strong views. These disputes frequently arise from physical works, long-standing use of land or competing interpretations of title and easement rights.
Bugden Allen advises property owners, developers and owners corporations on boundary disputes, providing clear, pragmatic advice aimed at resolving disputes efficiently while protecting legal rights.
Practical Resolution of Boundary Issues
Where early agreement is possible, we pursue it. Where it is not, we are experienced in enforcing rights through Tribunal or Court proceedings.
- Ttle and survey interpretation
- Statutory property rights
- Common law principles
- Practical construction and access issues
Our Expertise
Types of Boundary Disputes We Handle
We regularly advise and act in disputes involving:
Encroachments
Disputes involving buildings, structures or improvements extending onto neighbouring land or from common property to a lot in the strata or community titles scheme or vice versa.
Easements and access rights
Disputes concerning the existence, scope or misuse of easements.
Lack of support
Claims arising from excavation or construction works affecting neighbouring land.
Cranes, scaffolding and temporary access
Disputes involving access over neighbouring property for construction works.
Rock anchors and subsurface issues
Disputes involving below-ground encroachments and structural supports.
Strategy and Evidence
- surveyors
- engineers
- planners and other experts
Boundary disputes often turn on technical evidence. We work closely with relevant consultants to establish boundaries, causation and legal responsibility, and to support negotiation or litigation strategies.
Why Bugden Allen
Clients engage Bugden Allen for boundary disputes because of our:
- strong property law and litigation expertise
- experience acting for owners, developers and strata schemes
- practical approach to neighbour disputes
- ability to resolve matters early or litigate decisively where required
We focus on achieving clear, enforceable outcomes while minimising unnecessary escalation.
To discuss a boundary dispute or property rights issue, contact our property litigation team.
Subrogated Recoveries — FAQs
Your Questions Answered
What is a boundary dispute?
A boundary dispute is a disagreement between neighbouring landowners about the location, use or rights associated with a property boundary. These disputes may involve physical structures, access rights or long-standing land use.
Who do you act for in boundary disputes?
Bugden Allen acts for individual property owners, developers and bodies corporate/owners corporations in boundary disputes.
What issues commonly cause boundary disputes?
Common issues include encroachments, fences, retaining walls, easements, adverse possession claims, construction access, lack of support, trees and nuisance-related impacts.
Do boundary disputes always require court proceedings?
No. Many boundary disputes can be resolved through negotiation, expert determination or mediation. Court or Tribunal proceedings are pursued where necessary to enforce rights.
Can construction works trigger boundary disputes?
Yes. Construction activities such as excavation, scaffolding, crane oversailing or installation of rock anchors frequently give rise to boundary and access disputes.
How are boundaries legally determined?
Boundaries are usually determined by reference to title documents and survey evidence. Expert surveyors often play a key role in resolving boundary disputes.
When should legal advice be sought for a boundary issue?
Legal advice should be sought as soon as a boundary issue arises. Early advice can help preserve evidence, clarify rights and avoid unnecessary escalation.
Our success stories
Relevant project experience
EXPLORE OUR EXPERTISE
Specialist legal advice across the property lifecycle
Property Development
We advise developers, landowners and investors on the planning, structuring, delivery and sale of property projects.
Our work covers strata and community title developments, mixed-use projects, leasehold and land lease developments, master-planned communities, collective sales and off-the-plan project conveyancing.
Strata & Community Titles
We are recognised specialists in strata and community titles law, advising owners corporations, committees, strata managers, developers, government and financiers.
Our practice covers governance advice, levy recovery, by-laws, management rights, building defects, strata disputes and statutory administrations.
Strata & Community Titles
Property Litigation
We resolve disputes arising from the ownership, development, governance and use of property.
Our team acts in boundary disputes, building defect claims, by-law enforcement, strata renewal matters and other high-stakes property conflicts, across negotiation, mediation, tribunals and courts.
Property Insurance
We act for insurers, strata managers, owners corporations and corporate clients on complex property-related insurance matters.
Our work spans coverage advice, liability defence, personal injury claims and subrogated recoveries, with a focus on technical accuracy, risk management and commercially sound outcomes.
Corporate & Commercial
We provide corporate and commercial legal services for property clients, businesses and investors.
Our work includes banking and finance,buying and selling businesses,software and
technology consulting, immigration law,wills and estates,and commercial matters connected with our property and strata practices.
Corporate & Commercial
Property Development
Strata & Community Titles
Corporate & Commercial
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wHAT TO EXPECT
A member of the Bugden Allen team will be in contact within one business day.