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Boundary Determinations

The Registrar General has the power to resolve boundary disputes pursuant to Part 14A Real Property Act 1900. If two independent Registered Surveyors disagree on the location of a common boundary, an affected landholder can, for a fee, make an application to the Registrar General to resolve the disputed boundary issues

Who can apply?

The application may only be made by or on behalf of:

  • an owner of land on either side of the boundary
  • a purchaser under a contract for sale of land on one side of the boundary who has paid the purchase price in full or obtained the owner’s consent
  • a public or local authority or the head of a government department. 

What evidence must accompany the Application?

An application must be accompanied by such evidence as the Registrar General may require. This would typically consist of a sketch and/or report, prepared by a registered surveyor and drawn in association with an identification survey or mark out survey, which shows a discrepancy with an earlier survey or plan.

How the Application is lodged

An Application is lodged with NSW Land Registry Services and must be accompanied by the Customer Fee. The application can be downloaded from the NSW LRS website.

What happens after the Application is lodged?

Before proceeding with a determination the Registrar General must give notice to the adjoining owner(s), inviting the owner(s) to make written submissions on the application.

If the Registrar General decides that a survey or other investigation should be carried out to assist with the determination, the applicant may be required to pay reasonable costs.

Unless satisfied that there is doubt as to the position of the boundary concerned, the Registrar General must refuse the application and inform the applicant accordingly.

The Registrar General must, through consultation with a registered surveyor, determine the position of the boundary on the basis of all the evidence available. If that evidence is inconclusive, the Registrar General may determine the boundary on the basis of what appears to be just and reasonable in the circumstances. Notice of the determination is given to the applicant and the adjoining owner.

Can a decision be appealed?

An owner or applicant who is dissatisfied with a determination may, within 28 days after receiving notice, appeal to the Land and Environment Court for a determination by the Court on the position of the boundary.

The Registrar General may request that an applicant lodge a deposited plan showing the details of a boundary which has been determined under Part 14A of the Real Property Act 1900.

Inquiries regarding boundary determinations lodgment process should be made by contacting the Customer Service Centre T: 1300 052 637 or E: surveyenquiry@nswlrs.com.au

Once an Application has been lodged all inquiries should be made to the Office of the Registrar General T: 1300 318 998 or E: ORG-Admin@finance.nsw.gov.au


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