What is a boundary encroachment?

A boundary encroachment occurs when a structure or improvement, such as a driveway or fence, crosses onto neighbouring land without proper agreement.

Why do encroachments matter for my executor?

Encroachments can complicate future property sales, trigger disputes with neighbours, and in some cases lead to adverse possession claims if left unaddressed for many years.

What can I do now to help my executor?

You can obtain a surveyor’s report, write to neighbours putting them on notice of any encroachments, and keep those records with your title and estate documents.

Is adverse possession common?

Adverse possession is complex and not common for most suburban properties, but long-term encroachments that are never challenged can create risks in some cases.

How Do Boundary Encroachments Affect My Estate and Executor?

Boundary lines rarely attract much attention until something goes wrong. A neighbour’s driveway, fence or underground services may sit partly on your land for years without anyone raising the issue. While that might be tolerable during your lifetime, it can create real headaches for executors and buyers when your property is eventually sold. A boundary encroachment occurs when a structure or improvement crosses onto adjoining land without proper agreement. Typical examples include driveways built partly over the boundary, fences or retaining walls placed on the wrong side, and underground pipes or cables running under a neighbour’s land without easements. In many cases, neighbours accept minor encroachments informally, but problems arise when owners change, disputes flare up, or a property is put on the market.

Why do encroachments matter for executors?

When you die, your executor may need to sell your property to finalise your estate. If there is an unresolved encroachment, the sale can become more complicated. Buyers may be hesitant, lenders may ask for additional assurances, and neighbours may seize the opportunity to revisit old grievances or insist on rectification before settlement.

In some situations, very long‑standing encroachments can give rise to adverse possession issues. Under Queensland’s Land Title Act, adverse possession involves a person occupying land as if it were their own for a long period and then seeking to have that occupation recognised. Although adverse possession is not common for suburban lots, it can become a risk where encroachments have never been challenged and the encroaching owner behaves as if they own the strip.

What can you do now to help your executor?

There are practical steps you can take during your lifetime to reduce the risk of boundary problems for your executor:

Obtain a surveyor’s report to confirm the exact position of your boundary and whether any structures encroach
Write to neighbours if there is an encroachment, putting them on notice of the issue and asking them to address it or to formalise any agreed arrangement
Keep copies of surveys and correspondence with your title and estate documents so your executor has a clear record of what has been done

These steps help demonstrate that you have not silently consented to the encroachment, which can be relevant if any adverse possession issues arise later. They also give your executor and potential buyers greater confidence about the property they are dealing with, reducing the chance of last‑minute surprises.

Because boundary and encroachment law is technical and fact‑specific, you should seek legal advice if a survey reveals a significant problem. Advice can help you decide whether to pursue formal orders, negotiate an easement, or document a practical compromise.

Do Boundary Encroachments Matter for My Executor?

Why do encroachments matter for executors?

What can you do now to help your executor?

See also

Need Specific Legal Advice?

Enquiry Sent