Red flags which leads to making sure a survey is carried out on a house? (QLD)

Discussion in 'Legal Issues' started by Sue_83, 5th May, 2021.

Join Australia's most dynamic and respected property investment community
Tags:
  1. Sue_83

    Sue_83 Member

    Joined:
    8th Feb, 2021
    Posts:
    20
    Location:
    QLD
    Hi,

    Is it usual to do a survey prior to purchasing a free standing house in QLD?

    Are there certain red flags which leads to making sure one is carried out?

    Thanks
    Sue
     
  2. Scott No Mates

    Scott No Mates Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    27,248
    Location:
    Sydney or NSW or Australia
    • Lack of fences/no distinguishing features to identify the boundaries eg. survey pegs/markings
    • Close to percieved boundaries
    • Rural/Semi-rural
    • Old systems title
     
    bmc and Sue_83 like this.
  3. Sue_83

    Sue_83 Member

    Joined:
    8th Feb, 2021
    Posts:
    20
    Location:
    QLD

    Thanks Scott.

    I was under the impression that in in QLD, all 'Old System titles' have now been converted to Torrens Title?

    Also, would you elaborate on perceived boundaries?

    Thanks again
     
  4. Scott No Mates

    Scott No Mates Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    27,248
    Location:
    Sydney or NSW or Australia
    What do you see as your boundaries at present - usually a fence. It may be close to the correct position ie within 100-200mm which isn't a big drama. However if it is hard up against the house or very close it may be a concern.

    If there is no fence, what is your boundary?
     
    Sue_83 likes this.
  5. Sue_83

    Sue_83 Member

    Joined:
    8th Feb, 2021
    Posts:
    20
    Location:
    QLD
    Sorry, not sure whether or not it's a rhetorical question, but I haven't found the property yet. Just planning ahead :)

    It's probably a noob question, but should there always be a visible boundary? (urban properties)
     
  6. Scott No Mates

    Scott No Mates Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    27,248
    Location:
    Sydney or NSW or Australia

    Usually a fence or garage/side wall if it is zero lot lined.
     
  7. boganfromlogan

    boganfromlogan Well-Known Member

    Joined:
    10th Jan, 2017
    Posts:
    3,332
    Location:
    Brisbane
    I bought a house with 897m block, boundary fences at 974m (measured).

    It does pay to know your boundary as per title.

    Surveys are normally too expensive to get, searches on plans preferred.

    Poms called 'surveys' something different, more like a mix of quantity survey adn valuaton. We don't do those here much, but valuation certainly needed for the bank
     
  8. bmc

    bmc Well-Known Member

    Joined:
    18th Oct, 2015
    Posts:
    1,123
    Location:
    Sydney
    usually the solicitor acting for the purchaser engages the surveyor and typically before the contracts are exchanged.
    however this type of survey is not requested as often as they once were.

    in NSW they are called Identification Surveys and in general report on,

    (i) the general identity of the property being purchased or mortgaged (ie as described in the Contract of Sale or as supplied to the proposed mortgagee) with the land to which title is intended to be given.
    (ii) any encroachments by buildings fences or other improvements.
    (iii) any discrepancies in dimensions disclosed by survey as compared to the title deed.
    (iv) whether the position of buildings relative to the boundaries comply with the Local Government Act and relevant ordinances.
    (v) any easements, apparent or otherwise, enjoyed by the property or to which it may be subject or appear to be subject.
    (vi) the effect of any building or other covenants to which the land in the title may be subject, and whether such covenants have been complied with.
    (vii) whether the land is affected by any proposed realignment or Notice of Resumption.
    (viii) any other matters disclosed by survey or during the surveyor's investigations which may affect the property.


    in NSW Old System Title can be updated with a Torrens category but it will be noted as LIMITED and or a CAUTION.
    The Caution can be removed with an extensive historical deed search
    The Limitation can only be removed by logement of a Plan of Survey, which will prove the title dimensions exist by physical survey.
    (i've tried to condense a long winded explanation)

    in short, follow your solicitors advice.
     
    Last edited: 6th May, 2021
  9. bmc

    bmc Well-Known Member

    Joined:
    18th Oct, 2015
    Posts:
    1,123
    Location:
    Sydney
    our methods are based on the english system

    Captain Cook was a Surveyor
     
  10. Angie44

    Angie44 Member

    Joined:
    14th Nov, 2020
    Posts:
    13
    Location:
    Vic
    Definitely in my small experience is "get a surveyor"
    Definitely worth the $2000 or $1500 which will override the thousands you will be forced to spend later because your boundaries are out, unregistered electricity cable underground, sewer pipe through block, illegal building works or any other issues.
     
  11. Scott No Mates

    Scott No Mates Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    27,248
    Location:
    Sydney or NSW or Australia
    I've still got the survey commissioned on a property purchased back in the 1950's - has a Board sewer through it, shared private service, overhang on boundary, zero lot lined - How many more issues could you want?

    It's an interesting read, it describes the house as 'old' (it was part of an 1880's subdivision & similarly aged house - still standing). Even went to providing the house name.
     
  12. bmc

    bmc Well-Known Member

    Joined:
    18th Oct, 2015
    Posts:
    1,123
    Location:
    Sydney
    you never need a survey ---------------- until you do.

    recent job.
    person buys property. 6.8mil.
    doesn't get a survey done.
    spends $$$$ on design
    gets DA
    gets cowboy demolition crew in
    cowboy's start cutting rock excavation for proposed underground carpark.

    neighbor gets concerned how close they are to side fence.
    calls Surveyor - (me)

    i discover fences are out by 355 mm.
    errors in previous survey plans probably resulted in the entire street boundary fences out of true position

    cowboys have excavated 7 -10 cu.m of rock of neighbouring property.
    job now on hold.
    legal action will follow
     
  13. bmc

    bmc Well-Known Member

    Joined:
    18th Oct, 2015
    Posts:
    1,123
    Location:
    Sydney
    annexure
     

    Attached Files:

  14. Scott No Mates

    Scott No Mates Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    27,248
    Location:
    Sydney or NSW or Australia

    Nice new concrete retaining wall to be built at someone else's expense?
     
  15. Sue_83

    Sue_83 Member

    Joined:
    8th Feb, 2021
    Posts:
    20
    Location:
    QLD
    OP here,
    Thanks for the replies! Seems to be a no-brainer to get a survey done.
    The issue, however, is whether it will scare away the sellers in this freaking sellers market...
     
  16. GLENNNNN

    GLENNNNN New Member

    Joined:
    4th Jan, 2021
    Posts:
    4
    Location:
    Brisbane
    Same question however different context. We are looking at renovating and extending our house in Brisbane.
    The surveyor has quoted a Detail and Contour survey but this doesn’t include a Site Identification survey (extra $$). We plan to construct new fences (front, rear retaining wall (onto council boundary), one side which has a neighbouring garage wall as part of the fence and the other side has a mostly new concrete block fence.

    Is it necessary to do the site identification for the fencing alone?
     
    bmc likes this.
  17. Scott No Mates

    Scott No Mates Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    27,248
    Location:
    Sydney or NSW or Australia
    Not essential but once you've done it you will know for certain that the garage, retaining wall & fences are properly located.
     
  18. bmc

    bmc Well-Known Member

    Joined:
    18th Oct, 2015
    Posts:
    1,123
    Location:
    Sydney
    it sounds like the surveyor is not defining the property boundary together with the level and detail survey work.

    not having the detail shown in relation to the boundary will only be diagrammatic and is not to be used to determine the position of structures from the boundary.

    extra work (field and office) is required to re-define a boundary(s) which includes, researching deposited plans and documents from dept land titles. if marks are not placed the surveyor can show offsets (measurements) from structures to assist fencing contractors to erect the fence in the correct position.
     
    Last edited: 22nd May, 2021
    GLENNNNN and Scott No Mates like this.
  19. GLENNNNN

    GLENNNNN New Member

    Joined:
    4th Jan, 2021
    Posts:
    4
    Location:
    Brisbane
    yes exactly, that’s what they’ve got in the quote - 2 separate functions.

    thanks for your response we will get it done, just so we know (we aren’t going anywhere anytime soon). There are some pegs from one neighbouring side so hopefully that makes their job easier as some of it should be on file.
    Cheers
     
  20. Scott No Mates

    Scott No Mates Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    27,248
    Location:
    Sydney or NSW or Australia
    Nope - they still need to be checked.