Many people assume that if a fence has been in the wrong place for years, or a building has edged over a boundary for decades, ownership eventually sorts itself out. In Queensland, the law works differently, and the gap between what people expect and what the legislation actually provides can be significant.
Boundary disputes, encroachments and adverse possession claims each follow distinct legal pathways in Queensland, governed by the Land Title Act 1994, the limitation law and the Property Law Act 2023. A claim that looks straightforward often turns on how long someone has been in possession, how a survey plan reads, or whether a building is a substantial permanent structure capable of founding a court application.
Our solicitors in Springfield and Ipswich help clients across Greater Springfield with boundary disputes, encroachment matters and related title questions. Here is how adverse possession and boundary disputes generally work in Queensland, and what the legal pathways look like.
Key takeaways
- Queensland's limitation law sets a 12-year period for recovering land.
- A fence in the wrong place cannot found an adverse possession claim.
- Courts can order compensation or transfer where a building encroaches.
This article is general information only and is not legal advice. Every situation is different, and you should speak with a solicitor about your own circumstances.
What does adverse possession mean in Queensland?
Adverse possession is a legal mechanism that, in some circumstances, allows a person who has been in long, uninterrupted possession of land to apply to be registered as owner, according to Titles Queensland. In Queensland, the process is governed by both the Land Title Act 1994 and the state's limitation law, and it is considerably harder to succeed with than most people expect.
Queensland's limitation law sets a 12-year period after which an action to recover land generally cannot be brought. Where the original owner was under a legal disability at the relevant time, an outer limit of 30 years applies. In practice, Titles Queensland advises that in most cases an applicant for title by adverse possession will need to establish 30 years of adverse possession, not merely 12.
The distinction matters enormously. A person who has used a strip of land for 20 years may well have passed the 12-year limitation threshold, but still face a real question about whether Titles Queensland will accept the application without the longer period of evidence.
When does adverse possession not apply in Queensland?
Several categories of land are simply outside the reach of an adverse possession application under the Land Title Act, and understanding these limits can save a great deal of time and cost.
An application cannot be made for only part of a lot. The claim must be for the whole of the lot in question, which means a person who has encroached on a strip along one edge of a neighbour's lot cannot use adverse possession to claim only that strip.
Land owned by the State or a local government is also excluded. A claim for a council reserve, a road easement or any State-owned lot will not succeed through the adverse possession process.
Most significantly for boundary disputes involving fences, the Land Title Act expressly provides that adverse possession does not arise from encroachment. An encroachment is defined to include enclosing part of a neighbour's lot by a wall, fence, hedge, ditch or garden bed that is not on the true boundary. That kind of occupation cannot found an adverse possession application. This is the rule that most commonly surprises people who have assumed that a misplaced fence, left unchallenged for many years, would eventually ripen into a legal boundary change.
How does an adverse possession application work in Queensland?
Where a genuine adverse possession claim exists, the application is made to Titles Queensland, according to Titles Queensland's Land Title Practice Manual.
- › Statutory declaration from the applicant: setting out the nature of the possession, the use of the land, any improvements made, whether the land is enclosed and any rates paid.
- › Supporting declarations: from at least two disinterested people who can attest to the possession.
- › Evidence of rates paid: where applicable, confirming the applicant has been treating the land as their own.
- › Public notice: the applicant must give public notice of the application.
- › Notice to registered owners: Titles Queensland gives written notice to the registered owners of the lot and any adjoining lots, with at least 2 months and not more than 6 months to respond after the last public notice.
- › Caveat lodgement: a person who claims an interest may lodge a caveat before the applicant is registered.
If the application succeeds, the applicant is registered as owner with a new indefeasible title, according to Titles Queensland.
How does a solicitor help with a boundary dispute in Queensland?
Boundary disputes in Queensland almost always begin with the same question: where does the boundary actually sit? The answer comes from the registered survey plan, not from the position of any fence, kerb or informal marker. Business Queensland advises that boundaries are defined by survey marks at the corners of a lot, and that a boundary cannot be reliably found by measuring from the kerb.
Only a registered cadastral surveyor can mark or reinstate the boundary. If the survey reveals that a fence is not on the true boundary, the next question is what the neighbours want to do about it. A solicitor can advise on the available options, negotiate on a client's behalf, and help document any agreement.
Where neighbours cannot agree, the Neighbourhood Disputes (Dividing Fences and Trees) Act gives QCAT jurisdiction over dividing fence disputes up to $25,000, with unlimited jurisdiction where the fence is part of a pool barrier. A solicitor can advise on whether the QCAT pathway or the court process is the more appropriate route for a particular dispute.
Step 1: Talk to us
Get in touch and we'll explain how the process generally works and what the options look like for your situation.
Step 2: Review title and survey documents
We obtain the current title search and relevant survey plans and explain what they show about the registered boundary, any encumbrances and the lot's dimensions.
Step 3: Engage a registered cadastral surveyor
Where the boundary location is in dispute, we work with a registered cadastral surveyor to locate the survey marks and identify any discrepancy between the fence line and the true boundary.
Step 4: Pursue the appropriate pathway
We advise on whether negotiation, a QCAT application, a court proceeding under the Property Law Act 2023 or an adverse possession application is the right course, and we manage that process for the client.
| Get in touch Need help with a boundary dispute or adverse possession matter? We're an experienced team who keep you well informed at every stage of the process. Get in touch to discuss your needs. |
What happens when a building encroaches onto a neighbour's land in Queensland?
A building encroachment is treated differently from a fence encroachment in Queensland. Where a substantial structure of a permanent character, including a wall, overhangs or intrudes onto neighbouring land, either affected owner may apply to the Supreme Court for relief under Queensland's Property Law Act 2023.
The court weighs a range of factors, including who is making the application, how the encroachment came about, its nature and extent, the value of the land affected and the loss to each owner.
The orders the court can make are varied. The court may direct that the affected land be transferred, leased or made subject to an easement. It may require a survey plan to be prepared. It may order compensation. It may also order that the encroachment be modified or removed.
Where compensation is ordered, the Property Law Act sets a floor. If the encroachment was not intentional or negligent, compensation is at least the market value of the land affected. Where it was intentional or negligent, the floor is at least three times that market value. A separate pathway exists where a person has made a lasting improvement on someone else's land in the genuine but mistaken belief that they owned it, and that person may also apply to the court for relief under the Act.
What do the rules not cover in a boundary or possession dispute in Queensland?
Knowing what the law does not provide is often as useful as knowing what it does. Several common assumptions about boundary disputes and adverse possession are not supported by Queensland law.
No interest in land under the Land Title Act can be created by prescription. Long use alone, without meeting the adverse possession requirements, does not create any legal right. A person who has walked across a neighbour's land for 40 years, or used a strip of it informally, has not acquired any interest in it merely through that use.
A fence in the wrong place, even one that has stood for many years without complaint, does not change the legal boundary and cannot found an adverse possession application. The boundary remains where the registered survey plan puts it.
The adverse possession process also cannot be used to claim only part of a lot. If someone has occupied a strip along one edge of a larger parcel, the pathway is through the court under the Property Law Act, not through an adverse possession application to Titles Queensland.
"In Queensland, a fence sitting in the wrong place for decades does not become the legal boundary. The registered survey plan governs, and adverse possession cannot be used to formalise an encroachment."
Jade Kickbusch, Principal, Brookwater Legal
What is the process for a mistaken improvement on someone else's land in Queensland?
Occasionally a person builds on land they genuinely believed they owned, only to discover the structure sits partly or entirely on a neighbour's title. The Property Law Act 2023 provides a pathway in these circumstances.
The person who made the improvement must have acted in the genuine but mistaken belief that they owned the land in question. Where that is established, an application can be made to the court for relief. The court considers the same range of factors it applies to building encroachments, including the nature and extent of the improvement, the value of the land affected and the circumstances in which the mistake arose.
The outcome may involve a transfer of the affected land, the creation of an easement, compensation or, where removal is practicable and appropriate, an order that the improvement be removed. Importantly, where the improvement was neither intentional nor negligent, the compensation floor set by the Act protects the affected landowner from receiving less than market value for any land that changes hands.
Frequently Asked Questions
How long does adverse possession take to establish in Queensland?
Queensland's limitation law sets a 12-year period for recovering land, but Titles Queensland advises that in most cases an applicant will need to establish 30 years of adverse possession before the application is accepted.
Can a misplaced fence become the legal boundary in Queensland?
No. Under Queensland's Land Title Act, enclosing part of a neighbour's lot with a fence, wall or hedge that is not on the true boundary is an encroachment and cannot found an adverse possession claim. The registered survey plan sets the boundary.
What orders can a Queensland court make when a building encroaches onto neighbouring land?
Under Queensland's Property Law Act 2023, the Supreme Court may order a transfer of the affected land, a lease, an easement, a survey plan, compensation, or modification or removal of the encroachment, depending on the circumstances.
Can an adverse possession claim be made over part of a Queensland lot?
No. Under Queensland's Land Title Act, an adverse possession application cannot be made for only part of a lot. Where a person occupies a strip of a neighbour's parcel, the court pathway under the Property Law Act 2023 is generally more appropriate.
What happens if an adverse possession application is made in Queensland?
Titles Queensland gives written notice to the registered owners of the lot and adjoining lots, allowing at least 2 months and not more than 6 months to respond after the last public notice. A person with an interest may lodge a caveat to prevent registration.
Do you need a solicitor for a boundary dispute in Springfield or Ipswich QLD?
Legal advice is strongly recommended. A solicitor can review the title search and survey plan, advise on whether the matter is an adverse possession claim, a building encroachment or a fencing dispute, and identify the right pathway, whether that is negotiation, our conveyancing team, QCAT or the Supreme Court.
Does long use of a neighbour's land in Queensland create any legal right?
No. Under Queensland's Land Title Act, no interest in land can be created by prescription. Long use of land, without satisfying the adverse possession requirements, creates no legal right in the person using it.
Your Next Steps
Boundary disputes and adverse possession matters in Queensland involve intersecting rules about survey plans, the length and nature of possession, and the kind of structure or enclosure involved. What looks like a long-settled situation can turn on a single legal distinction, and the difference between a building encroachment and a fence encroachment, or between 12 and 30 years of possession, can change the available options entirely. For property owners in Springfield, Ipswich and the surrounding area, getting clear advice early generally means more options and less cost further down the track.
Every boundary dispute matter is different, and that's exactly why it's worth a conversation. Make an appointment with the Brookwater Legal team or call (07) 3437 8555.
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Brookwater Legal · This article contains general information only and does not constitute legal advice. It does not take into account your individual circumstances. You should obtain legal advice about your own situation before acting on anything in this article. Liability limited by a scheme approved under Professional Standards Legislation.
