How to send a boundary notice in NSW – step by step
You want to replace or move a fence, but there's one problem:
you and your neighbour don't agree on where the property boundary actually is.
Maybe the old fence appears to be inside your property. Maybe your neighbour insists the existing fence is the boundary. Or perhaps neither of you really knows.
This is exactly the situation where a Boundary Notice may help.
And the process is simpler than it sounds.
First: do I actually need a boundary notice?
Ask yourself one question:
Is the problem about WHERE the property boundary is?
If the answer is yes, a Boundary Notice may be the right process.
For example:
“I think the existing fence is inside my property.”
“My neighbour and I disagree about the property line.”
“We're replacing the fence but don't know exactly where the new one should go.”
“My neighbour says the old fence is the boundary, but I'm not sure.”
A Boundary Notice is specifically used where the location of the common boundary needs to be established for fencing work.
If you already know where the boundary is and the argument is instead about who pays, what type of fence to build or whether the fence needs replacing, you're probably looking for a Fencing Notice, not a Boundary Notice.
Boundary Notice = where is the boundary?
Fencing Notice = what are we doing about the fence?
In a hurry? Here's the whole process
1. Get the Boundary Notice sample.
2. Fill in your details and your neighbour's details.
3. Personally give it to the adjoining owner or send it by post to their usual or last known residential or business address.
4. Keep a copy and record when you served it.
5. Your neighbour has 7 days to either mark where they believe the boundary is with pegs or engage a registered surveyor. They must tell you in writing what they have done.
6. If they don't have the boundary defined by a registered surveyor, you may be able to engage your own surveyor within the timeframe provided by the Act.
That's the basic process.
Now let's go through it properly.
step 1 – get the sample boundary notice
You don't need to invent a legal document from scratch.
There is no compulsory prescribed form for a Boundary Notice, and Legal Aid NSW provides a sample you can follow.
Official Legal Aid NSW sample:
→ View the sample Boundary Notice
The sample is called:
“Notice of Intention to Have a Boundary Line Defined”
It refers to section 18 of the Dividing Fences Act 1991 (NSW).
Use the official sample as your starting point rather than trying to write your own legal wording.
step 2 – fill in the notice
The notice is quite simple.
You'll need information such as:
your name;
your address;
your neighbour's name;
the adjoining property address;
the date; and
your signature.
The purpose of the notice is essentially to tell the adjoining owner:
We want to carry out fencing work, we cannot agree on the exact position of our common boundary, and I intend to have that boundary defined by a registered surveyor if necessary.
The Legal Aid NSW sample already provides appropriate wording, so the easiest approach is to follow that document.
You are not accusing your neighbour of taking your land.
You are not demanding that the fence be moved.
And you are not asking them to pay for a new fence yet.
At this stage, you're simply establishing:
Where is the boundary?
step 3 – make a copy before you send it
Don't give away your only copy.
Keep:
a copy of the completed Boundary Notice;
the date you served it;
any postal records; and
any written response from your neighbour.
Create a small folder on your phone or computer and keep everything together.
If the matter becomes disputed later, having a clear record will make life much easier.
step 4 – serve the boundary notice correctly
“Serve” simply means formally give the notice to the adjoining owner.
Under the NSW Dividing Fences Act, a notice can be served by:
handing it personally to the adjoining owner
or
sending it by post to the owner's usual or last known residential or business address.
Don't assume that sending a text message, emailing a PDF or simply dropping it into the property's letterbox is the same as formally serving the notice under the Act.
If you're relying on the formal Boundary Notice process, use one of the methods provided by the legislation.
What if my neighbour rents the property out?
The notice is for the adjoining owner, not simply whoever happens to live next door.
So if your neighbours are tenants, don't just hand the Boundary Notice to the tenant and assume the job is done.
You need to identify the owner of the adjoining property and serve the notice on the owner.
If you don't know who owns the property, you may need to find the owner's details before proceeding.
step 5 – what does my neighbour have to do?
Once your neighbour has been served with the Boundary Notice, they have 7 days to respond in one of two ways.
They can:
Option 1 – mark the boundary
If they're satisfied that they know where the common boundary is, they can mark its position with survey pegs.
They must also tell you in writing that they have done this.
Or:
Option 2 – engage a registered surveyor
They can employ a registered surveyor to define the common boundary.
Again, they must inform you in writing that they have done this.
So the neighbour cannot simply say:
“I know where the boundary is.”
The Boundary Notice starts an actual process for establishing it.
step 6 – what if my neighbour ignores the notice?
This is the question most people worry about.
You serve the notice.
Seven days pass.
Nothing.
That doesn't necessarily stop you.
Under section 18 of the Dividing Fences Act, if the neighbour has not had the common boundary defined by a registered surveyor, the person who served the notice may, in the circumstances provided by the Act, engage a registered surveyor to define it.
The legislation uses a one-month period after service of the notice for this next stage.
So don't treat the 7-day response period and the one-month survey stage as the same deadline.
Who pays for the surveyor?
Usually, reasonable surveying expenses under this Boundary Notice process are shared equally between the adjoining owners.
But there is an important exception.
Suppose your neighbour responds to the notice by pegging where they believe the boundary is.
You disagree and arrange for a registered surveyor.
The surveyor comes out and discovers:
your neighbour's pegs were correct.
In that situation, the Act provides that the neighbour who correctly pegged the boundary can recover the costs they incurred from the owner who served the notice.
So don't use a Boundary Notice simply because you want to prove your neighbour wrong.
Use it because the boundary genuinely needs to be established.
What happens once the surveyor establishes the boundary?
Now you have answered the first question:
Where is the property boundary?
But that doesn't automatically answer every fencing question.
You still need to deal with the proposed fencing work.
A simple way to remember the process is:
SURVEYORestablishes the property boundary
↓
PROPERTY OWNERSresolve the proposed fencing work and position
↓
FENCING CONTRACTORquotes and builds the fence
If you and your neighbour now agree about the new fence, great — you can move forward.
If the boundary is established but you cannot agree about the fencing work or contribution to its cost, that's when a Fencing Notice may become relevant.
What if my neighbour says “the old fence has been there for 30 years”?
Don't try to settle the argument over the fence.
The physical fence and the legal property boundary are not necessarily the same thing.
If the position of the boundary genuinely matters for the proposed fencing work, establish it properly.
That's exactly what the Boundary Notice process is designed to help with.
What if we still disagree after surveying?
That's when the issue may have moved beyond a simple fencing question.
Conflicting surveys or a continuing dispute about the legal boundary can require further surveying or legal steps.
At that point, consider obtaining advice from a registered surveyor and, where appropriate, legal advice before moving or rebuilding the fence.
Boundary notice or fencing notice?
Still confused?
Use this simple test:
“we don't agree where our properties meet.”
→ Boundary Notice
“we know where the boundary is, but my neighbour won't pay for the fence.”
→ Fencing Notice
“we know the boundary, but can't agree on timber vs Colorbond / height / price / replacement.”
→ Fencing Notice
“the old fence appears to be 20 cm inside my property.”
→ Establish the boundary first. A Boundary Notice may be relevant if the common boundary is disputed or unknown.
Your boundary notice checklist
Before you finish, check that you have:
✓ confirmed that the issue is actually about the boundary
✓ used the Legal Aid NSW sample as your guide
✓ completed your details and the adjoining owner's details
✓ signed and dated the notice
✓ made a copy for yourself
✓ served it personally or sent it by post to the owner's usual or last known residential or business address
✓ recorded when it was served
✓ kept any written response from your neighbour
✓ remembered the 7-day response period
✓ understood that the Act also provides a one-month timeframe relevant to engaging a surveyor
Official NSW resources
Don't want to prepare the notice from scratch?
Legal Aid NSW provides a free sample Boundary Notice.
You can also read Legal Aid NSW's plain-English explanation of the complete boundary process:
For the legislation itself:
Boundary established? now deal with the fence
Once the boundary issue is sorted and you know where the proposed fence needs to go, that's the point where a fencing contractor becomes useful.
Best Fence can inspect the site and provide a written quote for removing, replacing or realigning the existing fence along the established fence line.
→ Request a fence quote
This guide provides general information about Boundary Notices and fencing in NSW. It is not legal or surveying advice.
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