New South Wales - Boundary Encroachment

Claims Chronicles

The background

In 2023, Nathan and Nancy Gordon bought a Federation bungalow in Newcastle as their main residence, with settlement taking place in October that year. In April 2024, the Gordons engaged a Surveyor to do a land survey on the property. The survey revealed that the fence and retaining wall along the western boundary was encroaching onto the boundary of their property, and the Gordons were losing approximately 2sqm of land.

What happened next?

In August 2024, the Gordons submitted their claim with First Title. After conducting our own investigations, we accepted the claim under Covered Risk 4.5 for the boundary and encroachment coverage. To resolve the claim, the Gordons chose to have the encroaching fence and retaining wall relocated to the correct legal boundary. They submitted two fencing quotes.

What did we do?

We accepted one of the quotes that came back at just over $19,000 and offered the Gordons settlement for the amount. The $19,000 represents the Gordon’s 50% share of the works required to relocate the fence and retaining wall in accordance with the Dividing Fences Act. The Gordons accepted our offer and the claim was finalised.

Payment: $19,000 | Claim Type: Boundary Encroachment

*Names have been changed for privacy purposes.