Boundary realignment Victoria applications suit specific situations. Understanding when this approach applies can save you time and money compared to a full subdivision.
Correcting Encroachments
Fences, driveways, or structures sometimes cross property boundaries. This creates problems when selling or refinancing. Rather than demolishing the encroaching structure, boundary realignment moves the legal boundary to match the physical reality. This is often the most practical solution.
Improving Development Potential
Property development law in Victoria requires minimum lot sizes for certain zones. If your lot falls slightly short, acquiring a strip of land from your neighbour through boundary realignment could make your project viable. Similarly, you might sell unused land to a neighbour planning their own development.
Rationalising Irregular Boundaries
Older titles sometimes have irregular or impractical boundaries. Two neighbours might agree to straighten the boundary line for easier fencing, landscaping, or future building work. Boundary realignment formalises this agreement legally.
Access and Easement Issues
Access arrangements can become complicated with oddly shaped lots. Adjusting boundaries might eliminate the need for easements or provide direct street frontage. This can significantly increase property value.
The Legal Requirements
Boundary realignment in Victoria requires consent from all affected landowners. Any mortgagees must also consent. Council approval may be needed depending on zoning and planning overlays. A Section 173 agreement might apply if planning conditions were attached to either property.
The Section 173 agreement cost varies depending on complexity. Some realignments trigger existing agreements that need amendment or discharge. We review all encumbrances on both titles before proceeding.
Working With Your Surveyor
Your licensed surveyor prepares the plan showing the proposed new boundaries. We coordinate closely with them throughout the process. Clear communication between your surveyor, planner, and our legal team prevents costly errors and delays.
Once the plan is prepared, we handle the SPEAR application, consent collection, and title registration. You deal with one point of contact for all legal matters.
