Titles to land in NSW are based on a plan of survey, or alternatively a plan or sketch compiled from a survey, which defines the boundaries of the parcel as at the date it was prepared. Therefore, when preparing a plan of subdivision or redefinition the surveyor:
- relocates the original boundaries
- redefines the boundaries having regard to the relevant principles of law and the rights of affected parties such as registered proprietors and mortgagees
- locates and marks the new boundaries on the ground and
- prepares a plan for registration in LPI, setting out the dimensions of the new parcel(s) and the evidence used in the boundary fixation.
General principles in the relocation of title boundaries.Definition on the plan a plan of survey must define the position and nature of each boundary. GNSS coordinates definition where the boundaries being surveyed are defined by co-ordinates derived using GPS techniques. Old System boundaries require an in-depth investigation into the position of the original deed boundaries in comparison with the occupations and fences constructed on the land. Application for boundary determination part 14A Real Property Act 1900 empowers the Registrar General to resolve boundary disputes providing a simple, quick and inexpensive alternative to the complexity, delays and expense of litigation. Audit procedures a plan may be audited either before or after its registration. Boundary consents and approvals legislation requires certain prescribed authorites and other parties to supply consent to the definition of the boundaries of plans. Deferred placement of marks may be granted to prevent the marks being disturbed or destroyed during development and construction. Surveyor's reports any doubt, discrepancy, difficulty or difference suggested by or encountered in a survey should be disclosed in an accompanying comprehensive report. Boundary and reference marks all surveys must be marked as appropriate on the ground by bench marks, boundary marks, reference marks and permanent survey marks.
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