Legal Project Management Plan & Checklist
Purpose of this Guide: Use this fork when the adjoining owner disputes the physical location of the common boundary during the one-month Section 11 Notice response window. Before any fencing work can proceed, the true boundary must be established. Section 18 of the Dividing Fences Act 1991 (NSW) creates a specific procedure: the initiating owner serves a Section 18 Boundary Notice, the receiving owner then has 7 days to either place boundary pegs (if they know the boundary) or engage a registered surveyor. If the receiving owner fails to act, the initiating owner may engage a surveyor. Who pays the survey costs depends on whether the surveyor's determination matches the position the respondent claimed.
Jurisdiction: The Section 18 boundary notice procedure operates within the Dividing Fences Act 1991 (NSW) framework. For disputes about legal title to land (not just fence alignment), a formal Determination of Title Boundary may be sought from the NSW Registrar-General under section 14A of the Real Property Act 1900 (NSW). For possessory title claims (12+ years occupation), the Real Property Act 1900 (NSW) section 45D(2A) applies.
The Process at a Glance: When the respondent disputes the boundary during the response window, serve a Section 18 Boundary Notice immediately. Give the respondent 7 days to place pegs or engage a surveyor. If they fail to act within one month, engage the client's surveyor. Compare the surveyor's determination to the respondent's claimed position. If the surveyor agrees with the respondent, the applicant pays surveying costs. If the surveyor differs, costs are shared. Once the boundary is fixed, return to the standard fencing dispute pathway.
Key Legislation and Case Law: Dividing Fences Act 1991 (NSW) s 18 (boundary definition procedure), s 18(4) (cost allocation where surveyor's determination matches or differs from respondent's pegs). Real Property Act 1900 (NSW) s 14A (Registrar-General title boundary determination), s 45D(2A) (possessory title after 12 years).
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Dividing Fences Dispute - Applicant (NSW) - Boundary Dispute Sub-Workflow - Section 18 Survey and Title Definition matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for Property Law cases, outlining the standard Tribunal/Court Application process. Utilize these tracking templates to manage your legal cases efficiently.
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