Boundary
The legal line that defines the edge of a property, as set out on the registered survey plan held by LINZ.
What is a Boundary?
A boundary is the legal line that separates one property from another. In New Zealand, boundaries are defined by the survey plan deposited with LINZ and are marked on the ground by survey pegs (metal pins or wooden stakes placed by a licensed cadastral surveyor).
It's important to understand that the legal boundary is defined by the survey plan, not by physical features like fences, hedges, or walls. While fences often follow boundaries approximately, they may not be exactly on the line — and over decades, fences can be rebuilt in different positions.
Boundary disputes between neighbours are surprisingly common and can be extremely stressful and expensive to resolve. Common issues include fences built on the wrong side of the boundary, overhanging trees, retaining walls, and encroachments (where a building or structure crosses the boundary line).
Why It Matters for Due Diligence
Before buying, consider whether the physical features on the property (fences, walls, gardens) appear to align with where the boundaries should be. If anything looks unusual — such as a very narrow gap between the house and the fence, or a neighbour's structure that seems to be on the property — get a surveyor to check.
The cost of a boundary survey ($1,500-$4,000) is small compared to the cost of a boundary dispute, which can run to tens of thousands of dollars in surveying and legal fees.
How to Check
The legal boundaries are shown on the survey plan referenced on the certificate of title, available from LINZ. For a definitive check, engage a licensed cadastral surveyor to locate the boundary pegs and confirm the boundary on the ground.
Some councils provide GIS (Geographic Information System) maps online that show approximate boundary lines, but these are not legally definitive.
Frequently Asked Questions
What should I do if my neighbour's fence is on my land?
First, get a surveyor to confirm the boundary. If the fence is indeed on your land, talk to your neighbour. Many boundary encroachments are resolved by agreement. If you can't agree, you can apply to the court under the Property Law Act 2007. Act sooner rather than later — long-standing encroachments can become harder to resolve.
Who pays for a new boundary fence?
Under the Fencing Act 1978, boundary fences are generally a shared cost between neighbours. Either neighbour can serve a fencing notice proposing new or repaired fencing. If you can't agree on the type or cost, a disputes tribunal or court can decide.
Related Terms
Survey Plan
GlossaryAn official plan prepared by a licensed cadastral surveyor that defines the legal boundaries and dimensions of a property.
Certificate of Title
GlossaryThe official legal document registered with LINZ that proves who owns a property and records all registered interests affecting it.
Encumbrance
GlossaryAny registered claim, charge, or restriction on a property's title that may affect the owner's ability to use or transfer the property freely.
Right of Way
GlossaryA legal right registered on the title that allows someone to pass over another person's land to access their own property or a public road.
Subdivision
GlossaryThe process of dividing a single piece of land into two or more separate titles, each of which can be independently owned and sold.
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