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Three ways to reduce the risk of purchasing a property with boundary issues

It is the purchaser's responsibility to establish that the actual measurements of the property are the same as those measurements specified in the title plan. A solicitor or conveyancer is not qualified to make this check.

It's standard practice to order a title search and plan once the contract becomes unconditional however we recommend that all purchasers check the title plan to the property before signing a contract. We can order a copy of the title search and plan on your behalf at any stage.

Purchasers should satisfy themselves as to:

The identity of the property;
The accuracy of the boundary measurements of the property;
That all buildings and permanent structures are erected within title boundaries;
That there are no encroachments on the property from neighbouring properties;
That boundary fences (if any) appear to be correctly placed; and
If strata titled, that all buildings and permanent structures are shown on the strata plan.

This is important because whilst you are paying full value for the land as represented to you by the seller in the title plan, you may actually be obtaining less in terms of the physical dimensions of the property.

The three options available to purchasers to reduce the risk of purchasing a property with boundary issues include the following:

Conduct your own measurements; and/or
Obtain a survey of the property by a professional surveyor; and/or
Obtain a title insurance policy.

Whilst we recommend that purchasers obtain a survey of the property by a registered surveyor, short timeframes under the contract often make this impractical. Most surveyors have a backlog of work and may not be able to attend the property before settlement is due. If you elect not to obtain a survey then title insurance may provide cover against loss suffered as a result of encroaching structures, adverse possession or loss of land which affects the value of the property.

Why use a surveyor?

If you have any concerns whatsoever, we recommend engaging a surveyor to have a survey carried out. A surveyor will inspect the property, take measurements and provide a report and plan, detailing any fencing encroachments, easement or title details you should be aware of prior to settlement.

We recommend you contact one of the companies listed below that have proven reliable for other clients.