Boundary Issue

Discussion in 'Development' started by GreenTreeFrog, 26th Oct, 2019.

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  1. GreenTreeFrog

    GreenTreeFrog Well-Known Member

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    Hi everyone, a property over the back of me has been acquired for development into townhouses. Several properties in fact.

    A DA has been approved on the original boundary survey that identified our common fence line as the boundary.

    A new boundary peg appeared 2.3 meters into my backyard several months ago, I wasn't notified until my neighbors asked me if I was aware of it in September. My property is tenanted.

    I queried the "Development Manager" who had instigated and maintained contact over the last two years for when he required my permission to remove trees just over my fence (original boundary).

    He replied to my September email that they needed to re-survery the boundary as another property had submitted new survey point which moved their boundary.

    This new survery has been submitted to Land Registry Services and approved. At no time was I made aware even though the development company had all my contact details.

    Has anyone had an issue like this before?

    Is this an acceptable re-survey process (no notice) and placing a peg onto my property?

    Any advice?

    Thanks.
     
  2. bmc

    bmc Well-Known Member

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    Location:
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    I will make a few assumptions,
    - your land title is torrens title.
    - the survey you are referring to is a 'detail survey' plan annexed to the DA and would most likely state that " this plan does not define the property boundary."
    - you don't have any plans, title deeds, Identification survey reports or other documentation to indicate / confirm your property boundary

    Don't be confused that the fence was erected along the boundary, you may have been occupying the adjoining land.
    if you don't agree with the position of the your boundary, either engage a Private Registered Surveyor to confirm the boundary or you can also apply to the Registrar-General under Part 14A of the Real Property Act 1900, for a boundary determination.

    You will need to lodge an application form and any relevant supporting documents and information, to NSW Land Registry Services and pay an application fee.

    Where necessary you will be required to pay the cost of any survey carried out.

    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 NSW LRS, setting out the dimensions of the new parcel(s) and the evidence used in the boundary fixation.
    Clause 28 Surveying and Spatial Information Regulation 2017 provides the requirements for placing boundary marks in a survey. If a plan defines parcel boundaries the corners of those boundaries must be marked with boundary marks unless it is not possible as provided for in sub-clause (3).

    Application for boundary determination - Registrar General's Guidelines
     
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  3. bmc

    bmc Well-Known Member

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    it also sounds like the Surveyor had made attempts to notify the owners and or managing agents of the impending survey.

    there is legislation in place to allow a Surveyor a right of entry but most people are reasonable and agree to access to avoid expensive legal costs.
     
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  4. GreenTreeFrog

    GreenTreeFrog Well-Known Member

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    Sydney
    Thanks for your reply.

    I was notified the developers behind were doing the survey on their property behind me in March. I wasn't advised it was a boundary survey. I wasn't notified of the new boundary until September, when my neighbours contacted me to ask if I was aware of the boundary peg 2.3 metres into my back yard.
     
  5. GreenTreeFrog

    GreenTreeFrog Well-Known Member

    Joined:
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    Location:
    Sydney
    Thanks for your reply.

    I will make a few assumptions,
    - your land title is torrens title. - Yes
    - the survey you are referring to is a 'detail survey' plan annexed to the DA and would most likely state that " this plan does not define the property boundary." - I will check this.
    - you don't have any plans, title deeds, Identification survey reports or other documentation to indicate / confirm your property boundary - I do have an LPI DA plan and have requested an Informal GIPA from council which will contain other information on file regarding my property.

    Don't be confused that the fence was erected along the boundary, you may have been occupying the adjoining land. - I understand this however I believe their original survey in the DA identified the boundary as the back fence. My neighbors to my right had a DA approved this week and their survey also identified our back fence as the boundary.

    if you don't agree with the position of the your boundary, either engage a Private Registered Surveyor to confirm the boundary or you can also apply to the Registrar-General under Part 14A of the Real Property Act 1900, for a boundary determination. - I have spoken with council and LRS, I have made submissions to both as they have advised they will look into it first.

    Thank you for the other information.
     
  6. bmc

    bmc Well-Known Member

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    @GreenTreeFrog your lot dimensions will be shown on the deposited plan. referenced by your property title folio. eg: 12/311588 (lot 12 in DP311588). The title will indicate any easements. these may be shown on the DP or annexed via a Dealing.
    This can be ordered online or you can speak with a Surveyor or LRS document searcher, for a fee of course. Or go into LRS and view the charting maps yourself. (see attached)

    i'm still confused when you say the 'new boundary' as there can't be any new boundary unless you have subdivided.

    anyway keep us informed of your findings
     

    Attached Files:

  7. GreenTreeFrog

    GreenTreeFrog Well-Known Member

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    Sydney
    Thank you for that information.