New South Wales Consolidated Acts
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DIVIDING FENCES ACT 1991 - SECT 18
Procedure for defining boundary line
18 Procedure for defining boundary line
(1) An adjoining owner may give notice in writing to the other adjoining owner
of his or her intention to have the common boundary line defined by a
registered surveyor if the owners do not agree on the position of the common
boundary line for the purposes of carrying out fencing work.
(2) The owner
receiving the notice may, within 7 days after service of the notice:
define the position of the common boundary line by pegs if satisfied as to its
(b) employ a registered surveyor to define the common boundary
line, and in either case is to inform the other adjoining owner in writing of
what has been done.
(3) The owner giving the notice may have the common
boundary line defined by a registered surveyor if the owner to whom the notice
is given has, within 1 month after service of the notice, defined the common
boundary line by pegs or failed to have the common boundary defined by a
(4) If the common boundary line as defined by a
registered surveyor is ascertained to be in the same position defined by pegs
placed there by the owner receiving the notice, that owner is entitled to
recover from the owner giving the notice any costs incurred.
(5) In any other
case when a registered surveyor has been employed, all reasonable expenses are
to be paid in equal shares by the adjoining owners.
(6) In this section,
"registered surveyor" means a person registered under the
Surveying and Spatial Information Act 2002 as a surveyor.
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