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Think that fence is your boundary? You might be wrong

Boundary disputes are often contentious, with deep roots in property ownership and personal attachment to land.

They can arise from a variety of issues, such as ambiguous property plans, longstanding physical boundaries, or differing interpretations of legal documents.

The case of Holder-Vale v. Holdaway 2023 offers valuable insights into how courts address these disputes, making it a helpful reference for landowners facing similar issues.

The case in brief

In Holder-Vale v. Holdaway, two neighbours disputed the exact boundary between their adjoining paddocks.

Holder-Vale claimed that the boundary ran in a straight line based on a 2006 transfer plan from her father, whereas the Holdaways argued that the existing physical fencing, in place since the 1980s, marked the true boundary.

Given the historical complexities and imprecision of the transfer plan, the Tribunal ruled in favour of the Holdaways, noting that the fencing was a more reliable boundary than the scale of the plan, which was unsuitable for precise demarcation.

Key takeaways from the ruling

This case underlines some critical points to consider in boundary disputes.

Physical boundaries often hold greater weight

Courts often give more weight to longstanding physical boundaries, such as fences, hedges, or walls, over plans with general boundary lines, especially when these boundaries have been in place for many years.

In Holder-Vale v. Holdaway, the fencing, which had stood for over three decades, provided a more tangible and reliable indicator of ownership than an imprecise plan.

Plans and scale matter

Property plans, even those used in official transfers, can be misleading if drawn to a scale too large to indicate precise boundaries.

In this case, the Tribunal highlighted the limitations of a 1:2500 scale plan, which could not accurately capture a boundary with the precision required.

This is an important reminder to always verify how precise your boundary plan is before relying on it.

Consider extrinsic evidence

In many cases, extrinsic evidence, like aerial images, historical use, and even local knowledge, can help clarify boundary lines.

This case included evidence from aerial photographs dating back to 1999, which confirmed the fence’s longstanding position and validated the Holdaways’ claim.

When facing a boundary dispute, consider what evidence exists beyond the property plan itself.

The importance of clear transfers and descriptions

As seen in this case, property transfers lacking clear, specific boundary descriptions can lead to confusion and costly legal proceedings down the line.

The Tribunal emphasised that if a transfer plan’s depiction is not clear, courts may default to physical features, underscoring the importance of accurate and detailed conveyancing.

Avoiding and resolving boundary disputes

Boundary disputes are often avoidable with careful property planning and well-defined documentation.

However, when they do arise, they can quickly escalate, requiring skilled legal assistance to resolve.

As Holder-Vale v. Holdaway shows, once a dispute enters the courtroom, the stakes increase, often leading to decisions based on physical features rather than the wishes of the landowners.

To protect your property rights and avoid costly disputes:

Review all boundary lines and associated documents before purchasing a property
Use modern, accurate surveys to confirm boundary locations
Resolve boundary questions early, preferably in writing, to avoid misunderstandings

If you are facing a boundary issue, we can help you understand your rights, gather the necessary evidence, and face any boundary disputes with confidence.

Contact us today for further assistance.