Understanding Property Boundaries in Western Australia

Property boundaries in Western Australia are more than just lines on a map. They're legally defined points that determine exactly where your land begins and ends. Understanding how boundaries work, what survey marks look like, and how to resolve boundary disputes can save you thousands of dollars and prevent neighbourly conflict. This guide explains everything Perth property owners need to know about property boundaries.

What Defines a Property Boundary in WA?

In Western Australia, property boundaries are defined by cadastral surveys and recorded on deposited plans held by Landgate. Your Certificate of Title references a specific plan number that shows the dimensions and angles of your property boundaries.

Key points about WA property boundaries:

• Boundaries are defined by survey marks placed at corners and along boundary lines
• The legal boundary is the line between survey marks, not fences or other structures
• Fences are rarely exactly on the legal boundary
• Trees, gardens, and driveways can cross boundaries without affecting the legal position
• Only a licensed surveyor can legally re-establish boundary positions

Types of Survey Marks in WA

Survey marks are physical markers placed in the ground to define boundary positions. In Western Australia, several types of marks are used:

Standard Survey Pegs

The most common type of boundary mark is the wooden survey peg. These are typically 50mm x 50mm hardwood pegs, painted white on top, driven into the ground at boundary corners. Modern subdivisions often use white plastic pegs which are more durable.

Metal Star Pickets

In some situations, metal star pickets are used instead of wooden pegs, particularly in areas with very hard or rocky ground. These are driven deep into the ground for permanence.

Survey Marks in Concrete

Where corners fall on footpaths, driveways, or other hard surfaces, surveyors place permanent marks in concrete. These may be:

• Brass plaques – Circular brass discs set into concrete
• Drill holes – Small holes drilled into concrete, often filled with lead
• Cut crosses – An "X" or cross cut into concrete surfaces

Reference Marks

In addition to boundary corners, surveyors often place reference marks nearby. These help relocate the boundary if the corner mark is disturbed. Reference marks are typically placed in more permanent locations like kerbs or solid structures.

Common Boundary Issues in Perth

Perth property owners frequently encounter these boundary-related issues:

Missing or Disturbed Survey Marks

Original survey marks can be disturbed or destroyed over time through:

• Construction activities
• Landscaping and garden works
• Fence construction
• Road and footpath works
• Erosion and ground movement

In older Perth suburbs, it's common for original survey marks to be missing after decades of development. A boundary survey can re-establish these marks using mathematical calculations from the original survey plans.

Fences Not on Boundaries

Most fences in Perth are not exactly on the legal property boundary. This isn't necessarily a problem, but can become an issue when:

• Building close to the fence line (believing it's the boundary)
• Subdividing the property
• Selling the property and buyers request a survey
• Neighbours dispute fence replacement responsibilities

The Dividing Fences Act in WA provides mechanisms for neighbours to share fencing costs, but determining the actual boundary position often requires a survey.

Encroachments

An encroachment occurs when a structure crosses the property boundary onto neighbouring land. Common encroachments include:

• Building eaves overhanging the boundary
• Sheds or garages built partially over the boundary
• Retaining walls on the wrong side of the boundary
• Trees with trunks crossing boundaries

Encroachments can have significant legal and financial implications. If you suspect an encroachment, it's important to obtain a boundary survey to determine the exact situation.

How Boundary Surveys Work

When you engage a licensed surveyor to conduct a boundary survey, they follow a systematic process:

Research Phase

The surveyor obtains all relevant information from Landgate, including:

• Your Certificate of Title
• Original deposited or diagram plan
• Field notes from previous surveys
• Plans of adjoining properties
• Survey marks database records

Field Work

The surveyor visits your property to:

• Search for existing survey marks
• Measure distances and angles using precise instruments
• Compare measurements with plan dimensions
• Calculate boundary positions mathematically
• Place new survey marks at boundary corners

Survey Report

After completing the survey, you receive documentation showing:

• The position of all boundary corners
• Any discrepancies found
• The relationship between boundaries and existing structures
• The type and condition of marks placed

Resolving Boundary Disputes

Boundary disputes between neighbours can be stressful and expensive. Here's how to approach them:

Step 1: Get the Facts

Before engaging in any dispute, commission a boundary survey from a licensed surveyor. This provides objective, legally defensible evidence of the true boundary position. Without this, any dispute is based on assumptions.

Step 2: Communicate with Your Neighbour

Once you have survey evidence, discuss the situation with your neighbour. Many disputes arise from misunderstandings that can be resolved amicably once both parties understand the actual boundary position.

Step 3: Consider Mediation

If direct discussion doesn't resolve the issue, consider community mediation services. These are often free or low-cost and can help reach agreement without legal proceedings.

Step 4: Legal Options

For serious encroachments or disputes that can't be resolved through mediation, legal options include:

• Application to the State Administrative Tribunal
• Action under the Property Law Act for encroachment removal
• Negotiated easements or boundary adjustments

Legal proceedings should be a last resort due to the cost and impact on neighbour relations.

Protecting Your Boundary Marks

Survey marks are valuable - replacing them costs money and time. Protect your boundary marks by:

• Noting their locations before any construction or landscaping
• Warning contractors about their locations
• Avoiding disturbing marks when building fences
• Keeping vegetation trimmed away from mark locations

Under WA law, it is an offence to remove or disturb survey marks without authorisation. If marks are accidentally disturbed, contact a licensed surveyor to have them replaced.

When to Get a Boundary Survey

Consider getting a boundary survey if you:

• Are building a new structure close to the boundary
• Planning to build a new fence
• Considering subdividing your property
• Have a dispute with your neighbour about boundaries
• Are purchasing a property and want certainty
• Notice your fence line doesn't match title dimensions
• Are undertaking a major renovation or extension

A boundary survey provides certainty and can prevent costly mistakes or disputes down the track.

Related Articles

• How Much Does a Land Survey Cost in Perth?
• When Do You Need a Licensed Surveyor in WA?
• The Perth Subdivision Process Explained
• WA Surveying Legislation Guide