Statistics show that 15% of the NSW property issues involve boundary disputes. However, only 75% of the property owners take the crucial step of surveying the purchase. This gap in awareness contributes significantly to the high number of disputes across Australia.
It happens not just among neighbours in residential zones but also among organisations, governments, and so on. If the dispute isn’t solved quickly enough, it often leads to strained relationships and even ugly court battles, which can cause significant financial losses.
That’s where topographic and boundary surveys save the day. C’mon, let’s dive in to know more!
What are Boundary Disputes?
Boundary disputes happen when multiple property owners disagree on the property’s legal boundaries or division lines. Some common reasons behind boundary disputes are the following:
Inaccurate Titles and Deeds
Sometimes, old documents lack clarity or are inaccurate descriptions of property lines in titles and deeds. This often leads to confusion, resulting in such disputes.
Encroachments
Another reason behind boundary disputes is that one property owner has built their boundary/fence or even undertook construction (like a structure or a driveway) on a neighbour’s property. This is one of the most common neighbour boundary disputes.
Natural Terrain Changes
At other times, it is not the fault of any party but natural changes. Erosion and flooding often cause terrain to shift, which creates major landscape alteration. When they checked their boundary later, they noticed issues that were not there the last time they checked.
Poor or Missing Surveys
Another major reason behind boundary disputes is when officials surveyed the land, but the task was poorly done or when there was no surveying ever. This leads to misunderstandings later and creates a lot of trouble for all parties.
Understanding Topographic and Boundary Survey
Resolving boundary disputes is easier said than done. It needs expert intervention, which involves processes like boundary and topographic surveys. Let’s understand each of them and their roles here!
Boundary Survey: Definition, Features, & Role
In a boundary survey, licensed surveyors conduct a survey to identify the exact location of your property and boundary lines. The experts use traditional approaches and modern technology to recognise their exact limits. They use historical land data, physical evidence (on-site measurements), and legal descriptions (title documents).
Here are the primary features of the boundary survey:
Legal Document Research
The surveyor reviews all existing legal documents, including previous surveys, land titles, and property deeds. They find all relevant property descriptions regarding the boundary lines. This information serves as the introductory survey details.
Field Work
Next comes the fieldwork, where the surveyor has to physically visit and inspect the property. In this stage, they identify the current boundary markers using fence posts, survey markers, or other items. They use total stations, laser equipment, and GPS technology to evaluate all angles and distances.
Calculations
After collecting all the data in the previous step, they evaluate everything and compare it with historical documents to find the accurate property line location.
Survey Map Prep
Post boundary establishment, the surveyor builds a boundary survey map outlining the legal boundary of the said property. It includes encroachments, easements, and other dispute-relevant rights (if any).
Certification
The surveyor certifies the boundary survey and attests to the accuracy and legality of the details. The certificate alone is legally binding. The owner (you) gets an official document that can be useful for court litigation.
How Boundary Surveys Help Resolve Disputes
A boundary survey shows clear evidence of your property lines, which helps in further negotiation or legal proceedings. It eliminates any ambiguity, making it easier to advocate for your rightful space.
For instance, if you and your neighbour are fighting over the fence or boundary wall location, the survey shows whether your fence has entered their property at all. If it hasn’t encroached on their space, you can put an end to the argument and resume your fence construction. If there’s any litigation, it can cut the process short.
The boundary survey can also show if there are other legal issues, including shared access or easements, which were not obvious to current property holders earlier. It prevents shared usage issues from escalating to full-blown legal disputes.
Topographic Survey: What It Covers and Why It’s Useful
On the other hand, topographic surveys involve finding more data about the land’s physical features, from elevation shifts and natural features to man-made structures and changes.
This survey is added on top of the boundary survey to ensure a comprehensive and transparent understanding of your land.
Here are the primary features of the boundary survey:
Mapping Physical Features
The topographic survey marks the land contours while recognising the exact position of buildings, streets, trees, water bodies, and other features of a location. It offers a more comprehensive picture of the property.
Elevation Data
In the topographic survey, an important area is being aware of elevation. This marks any possible change in land height, which is useful for solving disagreements, including grading, water flow affecting structure construction, and drainage.
Land Slope and Contour Mapping
This one helps in the determination of land development and alteration. The data helps in understanding the situation of unclear boundaries owing to natural terrain changes or encroachment into others’ property due to modifications.
How it Helps in Resolving Boundary Disputes
Topographic surveys primarily help in resolving disputes due to the landscape’s natural features and alterations.
For instance, if your neighbour says your existing boundary has moved from its original space because of earthquakes, soil erosion, or flooding, this survey offers evidence of whether there has been any such case. It shows how the land changes with time and whether the claim is void or valid.
On the other hand, if there’s a conflict regarding fence, structure, or driveway construction (encroachment issues) entering your neighbour’s property, the topographic survey can help again. It determines the construction’s exact position compared to the boundary. Thus, it can effortlessly identify if there’s any encroachment in the said situation.
Final Thoughts
During property disputes, boundary and topographic surveys play significant roles in offering definite evidence to learn the actual scenario. It can be especially helpful in litigation. So, don’t wait any longer and reach out to reliable survey firms now. Not sure where to find one? Contact us at Title Check now, and we’ll help you out!
