A boundary dispute in Perth can affect home renovation plans, sour neighbour relations and lead to formal legal actions. This impact depends on the nature of the dispute between neighbours, its legal status and whether the boundary can be clearly established. Sometimes, buyers or conveyancers may also seek further clarification about the boundary of the property.
This blog explains how a boundary dispute impact on property value, the relevant legal considerations and steps you can take to resolve the issue.
A boundary dispute is a conflict arising out of an ambiguity in the exact position of a boundary line between neighbours. This situation might result from the existence of a driveway, fence, building, landscaping or any improvement that seems to straddle the stated boundary line. Some situations that may cause boundary disputes in Perth include:
The disagreement may have an indirect impact on the value through increasing uncertainty about the property. Not only the value of the building is considered but also the security of ownership, possible costs, and ease of transfer of the property. The impact becomes more pronounced in case the issue is not resolved or professional/legal help is needed.
The expected effect on the sales is influenced by a number of factors, listed below:
Property boundaries in Western Australia are supported by registered title and survey records. Landgate explains that a title search can reveal registered and lodged interests. A survey search can provide measurements, area and spatial extent.
The Transfer of Land Act 1893 contains provisions dealing with surveys, plans, parcels and boundaries. Therefore, a physical fence should not automatically be treated as the legal boundary. This distinction matters during a sale. Assumptions about fences can be misleading. Professional advice can clarify the records.
Resolving a boundary concern before marketing can make the sales process more predictable. Early investigation gives sellers time to understand the issue and obtain documents. Where ownership, encroachment or boundary rights are contested, boundary disputes lawyers in Perth can help assess the legal position and available options.
The following are some of the steps that can be followed during the preparation process:
Landgate advises that cadastral data should not be relied upon for legal purposes. Original survey documentation should be consulted for legal requirements.
A boundary issue can become harder when buyers discover it late. Clear documentation helps buyers assess the property. Disclosure obligations depend on the transaction and circumstances. Sellers should obtain advice from a qualified property settlement lawyer in Perth. Marketing statements should accurately describe the property.
Supporting documents can help after a dispute is resolved. These can include survey plans, written agreements and relevant court or tribunal material.
An unresolved dispute can increase sale risk. A buyer may request a price adjustment, longer settlement period or conditions addressing the dispute. Some buyers may proceed if the issue is minor. Others may withdraw because they do not want uncertainty attached to their purchase. Financing may also matter where the dispute affects legal extent or improvements.
The outcome depends on the facts. A small fence discrepancy may have limited influence, while a disputed building encroachment can create a more serious concern.
Boundary disputes can affect the property value during future sales in Perth. More specifically, such disputes create uncertainty about ownership, usable area or improvements. The impact of such disputes depends on their seriousness, documents regarding the land and resolution between you and your neighbour. To- manage these situations in the most effective way, consult property settlement lawyers in Perth. They can guide you in interpreting title deeds and negotiating formal boundary agreements with your neighbour.
