Archer Attorneys coordinates the legal, title and survey evidence needed to resolve boundary, encroachment, servitude and access disputes.
A clear, evidence-led sequence
A fence, wall, driveway or long-used route is not automatically the registered legal position. The correct route begins with current title and Surveyor-General records, reliable professional survey evidence and a clear understanding of the right or interference in dispute.
We record current access, fences, walls, structures, beacons, possession and any recent interference. Beacons should not be moved and access should not be blocked or structures demolished while the rights remain unresolved.
We obtain the title deed, registered servitudes and Surveyor-General records for every affected property. These show the registered and cadastral position, but do not by themselves finally decide a private dispute. We then confirm the owners and other rights-holders who must be involved.
A registered Professional Land Surveyor distinguishes the cadastral boundary from walls, fences and occupation features. We then identify whether the legal issue is an encroachment, servitude, prescription, necessity, possession, planning or a combination.
We build the history of use, permission, objection and impact, engage the neighbour or relevant authority and assess options such as relocation, an access agreement, registration, redesign or removal. For an unlawful encroachment, compensation or transfer is not automatic, and a court may need to decide the appropriate outcome.
Where an agreement creates, changes or cancels a registered property right, a notary prepares the required notarial document and a conveyancer attends to Deeds Office registration; survey or municipal approval may also be needed. If court proceedings are necessary, the correct parties, title and expert evidence support the appropriate relief.
Common questions
No. A visible occupation line may differ from the cadastral boundary. Current deeds, Surveyor-General records and a survey by a registered Professional Land Surveyor are usually needed before the legal position can be assessed.
No. Long use or convenience alone does not create an access right. A right may arise from a registered servitude or agreement, or in limited cases from prescription or necessity. Each route has different requirements, so the history of use, permission, objections and available alternatives must be checked.
Record the position safely and seek advice promptly rather than forcing entry or removing an obstruction. Urgent proceedings may restore the access that was used before the obstruction, but do not decide the final ownership, servitude or access right.
Do not assume self-help is lawful. Moving beacons, blocking access or demolishing before the rights and remedy are established can worsen the dispute and may trigger urgent proceedings.
The Professional Land Surveyor provides the competent cadastral survey evidence. The attorney analyses title, rights and remedies; a notary or conveyancer may also be needed if the solution requires registration in the Deeds Office.
There is no reliable fixed duration. Record retrieval, site access, survey work, urgency, negotiation, municipal input, registration, factual disputes, expert evidence and court availability can all affect timing.
For more information or to book a consultation, please contact Archer Attorneys.
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