Coverage for Incorrect Boundaries
Title Insurance provides coverage if you suffer Actual Loss as a result of inaccurate boundaries of your Land, including the legal expenses and necessary steps to resolve disputes and fix boundary issues.
How do incorrect boundaries occur?
Boundary discrepancies can arise without the current owner ever knowing there’s a problem. Common causes include:
- Unclear or outdated property surveys, particularly for older properties where boundary measurements may no longer align with current records.
- Construction that crosses into another owner’s land, such as fences, garages, sheds or retaining walls built without accurate boundary checks.
- Confusion around shared driveways or accessways, where long‑standing use does not reflect the legal property boundary.
- Informal arrangements made by a previous owner, such as allowing a neighbour to use part of the land without formally documenting the agreement.
How do you deal with boundary disputes? Some boundary discrepancies can be resolved through discussion with neighbours and may not require third party involvement or additional costs. However, when permanent structures are involved, dealing with boundary disputes can become complex and expensive. In these situations, Title Insurance may help cover the legal and financial costs associated with resolving boundary disputes and dealing with title defects.
What is covered?
What's covered in Title Insurance? Title Insurance can provide coverage for a range of issues caused by incorrect boundaries, including:
- Boundary fences built before you purchased the property that extend into your land and limit your access or use of part of your own property.
- Actual Loss resulting from boundaries incorrectly recorded with the Land Titles Office, which may impact the legal ownership of your land.
These situations are considered boundary disputes, often involving encroaching structures—one of the most common types of boundary errors.
What is not covered?
Title Insurance covers various boundary problems, but there are specific situations where boundary issues may not be covered, such as:
- Boundary errors that occur after the policy start date, such as changes caused by new construction or alterations made post-settlement.
- Cases where no actual loss has occurred, meaning the incorrect boundary does not result in a financial loss or impact your legal rights or use of the property.
- Properties larger than 50 acres, which fall outside the scope of standard residential title insurance policies.
It’s important to note that all claims are subject to terms and conditions of the Policy.
See our Important Information and Policy Wording documents for detailed information about our policies and coverage types. Caps and exclusions apply.
Incorrect boundaries and Title Insurance
Boundary disputes can be complex, stressful, and expensive. With First Title, you’re supported by a trusted provider with more than 30 years of experience in the Australian property market. We specialise in identifying and protecting against many title risks—such as incorrect boundaries, encroachments, and land title discrepancies—that may not be apparent at the time of purchase. For more details on what title risk we can protect you from, please refer to the terms and conditions of our policy.
Our Title Insurance offers a one-off premium for lasting protection, covering legal fees, financial losses and resolution costs tied to misaligned boundaries. Backed by a national network and trusted by property buyers, conveyancers and legal professionals across the country, First Title ensures you’re not alone if boundary problems arise.
Choose First Title to protect your property and with confidence.Ready to get started with Title Insurance? Contact us today for a quote, to ask your questions or lodge a claim.