Occupation boundary
The occupation boundary is where the fence sits; the title boundary is the surveyed line. On older lots they can be 300-600 mm apart, a costly setout trap.
Ask Chalkline about this →The occupation boundary is the physical line of occupation on the ground, where the fence or wall actually sits, as distinct from the title boundary, the surveyed legal line shown on the registered plan of subdivision. The two are often not the same. On older subdivisions the occupation boundary and the title boundary can be 300 to 600 mm apart, because fences were put up by eye, replaced over the years, or never matched the survey in the first place.
This is one of the most expensive setout traps in residential building. On a tight lot, 300 to 600 mm is the difference between complying with a boundary setback and not, and between building on your land and building on the neighbour’s. If you set out a slab or footing from an existing fence rather than from the surveyed pegs, you can put the structure inside a setback or over the title boundary, and the fix once the concrete is down is demolition or a costly boundary negotiation.
Set out from surveyed pegs, not from fences. On any built-up or older lot, pull the plan of subdivision and have a surveyor re-establish the title boundary and set out the build before you pour. The fence is where someone once put a fence; the pegs are where the law says the boundary is.
Also known as: Occupation line, fence line.
Category: Surveying / Site setout.
Related
See also
References
- Surveying and Spatial Information Act 2002 (NSW) (verified 2026-05-23)
- NSW Land Registry Services: Deposited plans (verified 2026-05-23)
Last updated: 2026-05-30. Verified: 2026-05-23. Quarterly review for currency.