A boundary realignment is an adjustment of the title boundaries that does not increase the number of existing lots. In many cases a boundary realignment is carried out to resolve encroachment issues between adjoining owners. The boundary in question can be realigned to ensure that the encroachment is contained wholly within the lot that the structure is erected on.
You may have property that is comprised of two or more titles where a house straddles the common boundary. A realignment can move the boundary from its current location closer to the side boundary to create a road frontage lot and a rear access lot. Another example is if two adjoining owners wish to realign a common boundary for the purposes of increasing or decreasing their title area. Land is then purchased/transferred between the two owners.
Boundary Identification Plan
An Identification Survey is performed by a Cadastral Surveyor or a registered person under the supervision of the Cadastral Surveyor, to re-establish the existing title boundaries.
In many cases landowners cannot find the pegs that define their boundaries. This can be due to the original pegs being disturbed during construction, the age of the pegs or natural causes. Before a new fence is constructed it is advisable that an Identification Survey is undertaken to ensure the correct positioning of the fence and avoid conflict with adjoining owners.
When erecting new structures on land an Identification Survey and remarking of the boundaries will ensure that the improvements are contained within the title boundaries. Identification Surveys are often used to settle boundary disputes between neighbours. In certain cases, a subsequent realignment survey is recommended.
When a Cadastral Surveyor performs an Identification Survey any improvements that are on or near the boundary are located and recorded. If encroachments are found then landowners are notified of this. At the completion of the field work the surveyor prepares an Identification Survey Plan which is given to the client. A copy of this plan is also forwarded to the Department of Natural Resources, Mines and Energy.
An easement is a right whereby an owner of land allows another owner rights over part of the land in a particular manner. The land encumbered by the easement is known as the “burdened lot” or “servient tenement”. The land advantaged by the easement is known as the “benefited lot” or “dominant lot”.
The easement is recorded on the title and remains within the lot. All future owners of the burdened lot are bound by the easement. However an easement can be surrendered or extinguished with the consent of both parties. Generally, for an easement to exist there must be a benefited and a burdened lot. The exception to this is the case of an ‘easement in gross’ (where there is a burdened lot only) to serve the purposes of local government or a government instrumentality.
An easement survey can only be undertaken by a Cadastral Surveyor or person under the supervision of a Cadastral Surveyor. The extents of the easement are defined and pegged on the ground. This survey is then documented by way of an Easement Survey Plan that complies with the requirements of the Cadastral Survey Requirements and the Registrar of Titles Directions.
In broad terms a Lease Survey may be required to establish a defined area in either land or a building.
If the lease is for part of land then a field survey by a Cadastral Surveyor or person under the supervision of a Cadastral Surveyor, is required to define the extents of the lease on the ground. This survey is then documented by way of a Lease Survey Plan that complies with the requirements of the Cadastral Survey Requirements and the Registrar of Titles Directions. Depending on the term of the lease local government approval may be required.
If the lease is for part of a building and contains no land content then a field survey can be undertaken and a Lease Sketch Plan can be prepared. This work must be carried out by a Cadastral Surveyor or person under the supervision of a Cadastral Surveyor. This Lease Sketch Plan is included in the lease document which is lodged and registered in the Titles Registry. These sketch plans are typically prepared for commercial premises, industrial complexes and shopping centres.