Size does matter. Measure before you buy

Measuring property boundaries and determining the location of those boundaries is an important step that is often overlooked when a purchaser is entering into a contract of sale. A purchaser may be at risk of losing their rights in relation to any discrepancies between the land and title boundaries if those discrepancies are not identified and addressed before signing a contract of sale.

Depending on the nature of the property, it may be necessary to engage a land surveyor to prepare a survey plan as part of due diligence. The survey plan may provide the following details:

• Accurate Description: A survey plan confirms the exact dimensions and location of boundaries
• Identification of Encroachments: A survey plan may reveal if there are any encroachments on the property which might indicate a potential adverse possession claim. This is crucial for both the vendor and purchaser to address any issues before finalising the contract
• Clarification of Ownership: By confirming the exact boundaries, both parties can ensure that the property being sold is accurately described and that there are no parts of the land that might be subject to an adverse possession claim by a third party

Making an adverse possession claim

If the survey plan reveals that the fenced boundaries extend beyond the title boundaries, there may be scope for the purchaser’s representative to negotiate conditions in the contract which will assist the purchaser to make an adverse possession claim for any excess land that has been enclosed within the fenced boundaries for 15 years or more.

Informed decision-making

For the purchaser, understanding the boundaries and any potential adverse possession claim allows for a more informed decision regarding the purchase, including any necessary legal actions to resolve boundary issues.

We can recommend land surveyors to assist you with preparing a survey plan before your next property purchase.

Also, we can assist a purchaser and a vendor to obtain the best possible outcome during the pre-contract negotiations, particularly where there is an issue relating to boundaries.