Title Re-Establishment Surveys

A Title Re-establishment Survey is a legal survey to identify the exact position of the title boundaries of a lot, including its relationship to appurtenant occupation/fencing.

A Title Re-establishment Survey is typically required for any of the following scenarios

• When a boundary occupation/fencing is required to be replaced.
• When a planning or building permit application is required.
• Upon commencement of construction of an approved planning or building permit application.
• During pre-settlement of a property transaction.
• When there is a boundary dispute between neighbours.
• If there is ambiguity as to the exact position of the boundaries or associated easements.

For any sort of proposed development of a property, a Title Re-establishment Survey is often a question of WHEN and not IF it is required.

IF a Title Re-establishment Survey was not required for design purposes, then it would normally still be compulsory as part of a Planning Permit or Building Permit application, OR pre-construction commencement as most construction will require understanding the exact position of the legal title boundaries of the subject lot.

This type of survey are only able to be conducted under the direct supervision of a Licensed Surveyor registered under the Surveying Act 2004.

This type of survey is also particularly regulated under the Surveying (Cadastral Surveys) Regulations 2015 which outlines the following legislated requirements:

• Physical marking of title boundaries where appropriate unless with a valid reason as to why;
• Notification of the results of the survey to the Office of the Surveyor General within 60 days from the completion of the survey.

• Researching of all survey and title information including pre-computations to undertake a field survey;
• Field survey inclusive of marking of title corners*
• Preparation and Delivery of Plan of Survey showing lot boundaries, dimensions, marks placed (where appropriate), easements and relationships to appurtenant occupation/fencing;
• Notification to Office of the Surveyor General in the form of a “Record of having Re-established a Cadastral Boundary” survey plan*.

 These items are legislated requirements under the Surveying (Cadastral Surveys) Regulations 2015 and should ALWAYS be included as part of the Title Re-establishment survey.

While a Feature & Level Survey maps the existing conditions of a site, the existing conditions information will not be able to be related accurately to the legal title boundaries unless a Title Reestablishment Survey was also undertaken con-currently.

A great Title Re-establishment, Feature & Level Survey is defined by the following factors:-

• Detailed – Comprehensive and sufficient survey information is required in order to maximise development and design potential, avoid any risk of time delay with a planning/building permit application and does not cause construction commencement delay. MOST IMPORTANTLY, a great Title Re-establishment, Feature & Level Survey should be able to stand the test of time throughout the entirety of a project
• Timely – Time is invaluable. Any week of time delay in obtaining the Title Re-establishment, Feature & Level survey is additional holding/opportunity costs that is incurred throughout the lifespan of a project

The person who requests a boundary survey is responsible for paying its costs. Most frequently, a buyer of real estate who plans to buy the property and develop it later requests a boundary survey. A boundary survey aids the buyer in better decision-making, comprehending land divisions, negotiating, etc. On the other hand, a property seller may occasionally request a boundary survey in order to gather all pertinent data for potential buyers and expedite the selling process. In this case, the property seller pays for the survey. Additionally, there could be a title issue between neighbours about the boundary of their properties. If a survey is done in this situation, the cost is split between them.

The boundary re-establishment survey is the procedure used by surveyors to re-establish a property boundary that has been lost or forgotten. It could be damaged due to natural and man-made occurrences. Additionally, it helps prevent future title issues.

To find out who is responsible for the boundaries, you need to check Title Register; further, if it is the case of unregistered property, you need to verify the Title Deeds. These will frequently outline the specific boundaries that you must uphold.

A land survey plan called a “Site Analysis Plan” is used to understand your site and its surroundings. This makes it possible for interested parties to recognise potential opportunities and constraints for a development site.

Before issuing the lender’s title insurance policy to a title company, some lenders require a survey or certification from a qualified surveyor. This isn’t always necessary, though. In new real estate transactions, the seller’s earlier survey is frequently used as well.