Plan Registration Information

​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​Plan and Survey ​​​No​​​​​​​​​te Drafting Specifications

These specifications apply to plans and survey notes deposited or lodged with the Recorder of Titles in accordance with any Act​.

Clar​ity

  • A plan and survey notes must be drafted and any image created in a manner that permits all details and notations to be clearly reproduced by the scanning and copying processes used by the Recorder.

  • The Recorder may require a plan or survey notes to be amended and re-lodged if, in the opinion of the Recorder, a plan and survey notes or any image created does not satisfy the preceding requirement.

​Lettering and​ Linework

All lettering and linework is to be in dense black waterproof ink - grey is not acceptable.

​Let​​tering

Lettering includes all alphabetical, numerical and symbolic characters.  Lettering specifications vary between plans and survey notes and whether the document is hand drafted or computer generated.

  • Upper case should be used for all alphabetic characters on a plan the only exception being standard abbreviations (e.g. ha, m, etc.). Lower case alphabetic characters may be used on survey notes.

  • All lettering characters must be clear and legible, open in formation and an upright (vertical) style without serifs, basically conforming to ISO 3098-1:2015 Type B lettering.  For instance, AutoCAD fonts simplex.shx, ISO3098b.shx and ISOCPZ.shx conform to this requirement.

  • The categories of information should be depicted in varying sizes as the nature of the plan permits approximately in a ratio of 3:2:2 respectively.​

Lettering Specific​ation​

​Lettering type

​Character heigh​t range (mm)

​Line thickness (mm)

​Dimensions (bearing and distances)​​

​**minimum to 3.5

​0.25 to​ 0.35 depending on character height

​Lot labels, numbers and areas

​5

​0.5​

​Road and ri​ver names

​**minimum to 3.5 or 5

​0.35 or 0.5 depen​ding on character height

​Peripheral annotation (easements, cross references)

​**minimum​ to 3.5

​0.35


​**Minimum character heights:

  • Minimum hand drawn plan character height to be 3.0 mm.

  • Minimum computer generated plan character height to be 2.5 mm.

  • Minimum hand-drawn survey notes character height to be 2.5 mm.

  • Minimum computer generated survey notes numeral height to be 2.0 mm.

  • Minimum computer generated uppercase letter height to be 2.5 mm and lowercase letter x-height to be 1.8 mm.

Note: x-height is the height of the lowercase "x" character.

Line​​w​​​o​rk

  • 0.7 mm solid line - dimensioned lot boundaries on face of plan.​

  • 0.35 mm broken line - easements (including private roads not excluded from lot area), user roads, covenant and part 5 agreement boundaries. 

  • 0.35 mm solid line​ - abuttals and undimensioned road boundaries (but not user roads) within the perimeter of lot boundaries where the road is excluded from the lot area. 

  • hatching 0.25mm to 0.35 mm solid parallel lines drawn at an oblique angle to the boundaries at 2 mm - 5 mm apart depending on the shape and size of the block to be hatched.

Plan Pres​​e​​​​​​​​​ntation

​​Drafting Sc​ales

Plans should be drawn at a suitable scale to balance the clarity of the detail with the physical limitation of space available, however an over-riding factor is that each lot defined must be shown in its entirety on at least one sheet of the plan.

A suitable scale shall be selected from the followin​g range of preferred scale options, and must be noted in the space provided on the plan:

1:1​​00​
1:1​2​​​5
1:150
1:200
1:250
1:300
1:400
1:500
1:600
1:750
1:800
1:900
1:1000

and multiples of ten of the above.

"Sketch By Way of Illustration Only" status plans are defined as being "NOT TO SCALE".

Enlargem​​ents

  • Enlargements of areas of fine detail will often be necessary.

  • Enlargements on full-status plans should be drawn to scale and suitably labelled (eg) "ENLARGEMENT A, Scale 1:500"

  • Where space on full-status plans is limited and scaled enlargements are not practical a sketch labelled "SKETCH" may suffice.

  • Enlargements required on 'Sketch By Way of Illustration Only' status plans will be labelled "Sketch A" etc. to distinguish from the plan.

Locating th​​​e Land Within the Plan

​Sufficient information should be depicted on the plan to enable the parcels to be located. Where connections to corners or other items of detail cannot be drawn to scale, these may be depicted by distortion & showing a small break in the linework, provided a notation "NOT TO SCALE" is shown in the immediate vicinity of the distortion.

Tabling De​ta​iled Information

Numerous irregular boundaries and chords may be shown in tabulated form. This may enable a smaller scale to be used on a plan than would otherwise be suitable.

​Orien​​​tation

The orientation of a plan and survey notes is to be indicated by a north point arrow.​ It is preferable that the north point is parallel to the side edge of the plan pointing vertically up the page but it may be rotated no more than 90 degrees from this orientation to accommodate a more desirable drafting scale. It shall never point downwards.


Lot Presen​​​​tation

Lot Num​​bering

  • Lots may be numbered consecutively, or at random, between numeral 1 and numeral 999.

  • Alphabet symbols must not be used.

Depicting Lots & Ease​​​ments on the Plan

  • Lots must not be parcelled into "sections" or "blocks" on a plan.

  • Lots and easements must be shown in their entirety on at least one sheet of the plan.

  • An Index Plan​ is required wherever Plan of Survey Annexure Sheets are utilised​.

Lot Ar​​eas

The unit of area will be the square metre (m2) or the hectare (ha) depending on lot size and will be shown directly after the area e.g. 1000m2.

In addition the unit area will be rounded as follows:

  • areas less than 100m2 will be depicted in square metres and rounded to the nearest 0.1m2

  • areas greater than 100m2 and less than 1 ha (10 000m2) will be depicted in square metres and rounded to the nearest 1m2

  • areas 1 ha to 9999 ha will be depicted in hectares expressed to four significant figures, and rounded to the nearest significant figure.

  • areas 10000 ha and greater will be depicted in hectares rounded to the nearest hectare.

Boundary P​resentation

Boundary Dist​​ances

  • The only unit of length shown will be the metre.

  • All distances are to be shown to the nearest centimetre (i.e. 0.01 or 20.00 etc.).

Boundary Bear​ings

The expressed value of bearings may be rounded off:

  • to the nearest minute of arc for lengths less than 30.00m

  • to the nearest 20 seconds of arc for lengths between 30.00 and 200.00m

  • to the nearest 10 seconds of arc for lengths more than 200.00m

Curved Boun​daries

The Office will accept boundaries set out on arcs, or reproducing existing arcs. An alignment of chords will also be accepted as being a proper interpretation of an existing arc alignment.

Plan Fo​rms

See Plan Forms.

Balanc​​e​​ Plans

Where a Plan is lodged with the Recorder of Titles relating to part of land in a folio of the Register it must be accompanied by a Balance Plan for the remainder of the land in the folio - refer section 143E of the Land Titles Act 1980 (the Act).

General Req​​uireme​​nts

Balance Pl​ans are to be prepared on Plan of Title forms, labelled "BALANCE PLAN" and prepared in accordance with the Office plan drafting specifications.

Internal grant or subdivision boundaries should not be featured on a Balance Plan as the "lot on plan" must visually be a single parcel to support the folio of the Register.

Balance Plans must bring forward any benefiting and burdening easements shown in the second schedule of the folio of the Register.

Balance Plans must also reflect any addition, modification or deletion of easements or covenant boundaries that accompanying dealings set out to register.

Balance folio measurements may be amended if a measurement to a survey mark is being adopted from the survey being carried out.

Compiling 'Full Status' Bal​​ance Plans

'Full status' Balance Plans are generally prepared for folios of the Register derived from crown land grants described after the commencement of the Real Property Act 1862 or from plans of survey subsequent to the original grant survey. These plans are compiled from survey data, and survey notes are NOT required.

When compiling a 'full status' Balance Plan the lot perimeter boundary lines should wherever possible be reduced using balance folio measurements where the Lot perimeter is disturbed. Where reduction of the lot perimeter boundary lines is not possible the land being excised from the folio may be hatched.

Compiling 'Sketch by Way of Illustr​ation Only' Status Plans

'Sketch by way of illustration only' status Balance Plans are prepared on Plan of Title forms, labelled "BALANCE PLAN - Sketch by Way of Illustration Only" and drafted in accordance with the Plan Drafting Specifications.

'Sketch by way of illustration only' status balance plans derive from general law deeds based on a verbal description or inadequate survey data and these plan boundaries and measurements MUST NOT be altered.

See also "Plans prepared to convert land from general law" section below.


Plans P​repared to Convert Land from General Law

Section 32 of the Act was included to allow general law land to be converted​, or brought under the Act, regardless of whether there was a survey of the boundaries of the land complying with survey regulations. The Land Titles Office prepares plans, known as Conversion Plans, from information contained in verbal descriptions in a general law deed or inadequate survey data, to support the description of land when creating a folio of the Register. The Act requires that where a Conversion Plan is prepared from a verbal description it must be endorsed 'sketch by way of illustration only' - refer subsection 32(4A) of the Act. 

Land described in a folio of the Register from a verbal description and depicted on a 'sketch by way of illustration only' plan cannot be compiled onto a final plan to be sealed by Council, nor used as the basis to describe the site boundaries in a strata scheme, as the verbal description boundaries are not based on survey, or a survey that the Recorder of Titles considers sufficient.​

In the past, 'full status' Plans of Title were prepared in support of general law conversion in cases where the deed description was based on a registered plan of survey which complied with the survey regulations including error of close applicable at the time the survey was undertaken.

Conversio​n ​​Plans

​As a general rule, measurements shown on a Conversion Plan will not vary from the measurements in the deed description (sub-section 32(5) of the Act).

Conversion plans prepared today are in metric measurements only, meaning that imperial deed description measurements will be converted at the time of preparing the plan. In addition, a balance metric area will be derived from any excisions in the deed description or land otherwise excepted (e.g. land already included in a folio of the Register or other deeds) at the time the Conversion Plan was prepared.

The Lot perimeter and Lot area on 'sketch by way of illustration only' status plans will be as determined from the deed description and where area and/or measurements are not provided by the deed description none will be shown on the plan.

Any lands excised from the deed description or otherwise excepted will be shown as hatching on the plan and where a metric balance area can be compiled this will be shown as NOT INCLUDING HATCHED PORTIONS (eg) "10.12 ha NOT INCLUDING HATCHED PORTIONS" and referred to under the Lot Number on the plan.

Excepted Lands from 'Sketch by Wa​​y of Illustration Only' Status Conversion Plans

​All excised and excepted lands will be shown as hatching on the plan and not included in the Lot area, whilst only the exceptions (being those not referred to in the deed description) must be listed on the top-left of the plan form as "Excepted Lands".

Imperial and Metric Measurements ​​on the 'Sketch by Way of Illustration Only' Status Plan

During the early stages of general law conversions it was common to feature both imperial and metric measurements on the 'Sketch by Way of Illustration Only' plans. In these cases the imperial measurements per the deed description would be shown in brackets.

Where land was excised from the Conversion Plan the imperial would remain unchanged from the deed description area whilst the metric area would refer to the area remaining after the excisions with the wording "NOT INCLUDING HATCHED PORTIONS" shown below.

WARNING: Where insufficient information was available to derive a metric balance area a space would be left where the metric balance area would normally be shown eg. "LOT 1, (10A 5R 16P), space , NOT INCLUDING HATCHED PORTION". Where that is the case the imperial area should NOT be mistaken to be the balance area.

Upgrading a 'Sketch by Way of Illustra​​tion Only' Status Plan

The Recorder may replace a plan endorsed with 'sketch by way of illustration only' with an amended or corrected plan of the same kind or with a plan deriving from actual survey - refer subsection 32(4).    

In some cases, the deed description from which the 'sketch' was prepared may derive from a survey lodged in the Deeds Office. However, the plan supporting the folio of the Register is indicated as 'sketch by way of illustration only' if the survey did not comply with the relevant survey regulations or by-laws at the date of that survey. 

A 'sketch by way of illustration only' status plan may generally be upgraded to 'full' status by the following:

  • By a Compiled Plan where the 'sketch by way of illustration only' status plan is derived from a Plan of Survey deposited in the Registry of Deeds or Central Plan Office and the error of close and mathematical accuracy of the original survey described in certified survey notes complies with the relevant survey regulations or by-laws at the date of the survey.

  • By a new Plan of Survey.

Lodgement of a dealing is required in order to give effect to the new Compiled Plan or Plan of Survey eg. a transfer, sealed plan, strata plan, or an Application to Examine Evidence Sufficient to Support Boundary Alteration made under Section 32(2)(c) of the Act.

Re-survey​ of boundarie​s of land specified in a verbal description ('Sketch Boundaries')

A survey re-establishing the boundaries of land described on a 'sketch by way of illustration only' status plan must, as with all surveys, re-establish the original location of the boundaries described in the instrument and that re-establishment must be based upon the best evidence that the nature of the case admits.  

Re-establishment of 'Sketch Boundaries' must therefore reflect all available evidence as to the intent of the parties to the original creating instrument (such as the conveyance or transfer), and this instrument must be referenced and considered in the re-instatement report. In some cases the deed description from which the "sketch" was prepared refers to survey data that does not comply with the relevant survey regulations or by-laws applicable at the date of that survey. However, the evidence provided by that survey must also be considered in the re-establishment decision making process.

Section 32 of the Act does not provide for a person to acquire title to land described in the docume​ntary title or deed of another person, as regardless of the circumstances the original boundaries of land, whether they were described in a verbal description or by survey, do not move from their original position ​on the ground simply on the basis of use, occupation or possession. 

A person who has been in possession of land owned by another person - that is, land included in another documentary title or deed - may only acquire title to that land in accordance with Part IXB of the Act. Refer to 'Plan of Survey Supporting Possessory Title Applications' section below.

The Recorder of Titles may require the lodging party to provide an acknowledgement by the adjoining owner if a boundary is re-instated beyond occupation, or if the boundary alignment is significantly different to the deed description. This may not be required if existing registered survey marks are adopted or where adjoining land under the Act has been satisfactorily retraced using acceptable and sufficient evidence.


Compiled P​​​lans

Compiled plans are plans prepared from existing survey data for lodgement at the Land Titles Office (LTO). These are presented on the LTO Plan of Survey form, and clearly labelled "COMPILED PLAN".

To compile a lot on a plan all information being used must be existing survey data. The boundaries must have previously been surveyed and marked in accordance with the statutory requirements at the time of survey. In addition, sub-section 3.3.3.3 of the Survey Directions, Tasmania does not permit the calculation of boundary intersections.

Land described in a folio of the Register from a verbal description and depicted on a 'sketch by way of illustration only' plan ​cannot be compiled onto a final plan to be sealed by Council, nor used as the basis to describe the site boundaries in a strata scheme, as the verbal description boundaries are not based on survey, or a survey that the Recorder of Titles considers sufficient.

A compiled plan must comply with the error of close applicable at the time the original survey was undertaken, being:

Error of close for surveys dated 1884 - 1899:
1:400

Errors of close for surveys dated 1899 - 1946:
town lots 1:1000
country lots 1:600

Errors of close for surveys dated 1946 - 1966:
town lots 1:8000 or 0.08 feet
country lots 1:5000
slopes > 10 degrees 1:2000

Errors of close for surveys dated 1966 - 1982:
town lots 1:8000 or 0.08 feet
country lots 1:5000 or 0.10 feet
slopes > 15 degrees 1:3000 or 0.10 feet

Errors of close for surveys dated 1982 - 2005:
urban lots 1:8000 or 0.03 metres
rural lots 1:4000 or 0.06 metres.

Error of close for surveys dated 2005 or later:
1:10000 or 0.025 metres


Plan of Survey Supp​​​orting Possessory Title Application

These are plans lodged to support an application for title by possession in accordance with Part IXB of the Act. In accordance with section 138H of the Act,​ Part IXB applies to unregistered land, and pursuant to section 138T a person who has been in possession of land owned by another person may acquire title to that land in accordance with Division 5 of Part IXB but not otherwise. ​

​The plan must identify the land actually under possession and being claimed, which may not necessarily include all the land comprised in the description schedule of the deed or folio. The survey notes must indicate what occupation or use justifies the boundaries of the possessory claim. They must unambiguously locate and describe all features which are indicative of use or occupation by any person (not just the applicant) during the relevant period. An estimate of the age of all relevant features must be provided. Any user road must be documented and should not be included in the claimed area.

A balance plan must be lodged with a plan of survey in all cases where a claim results in a residue of registered land remaining.​ The provisions of section 138Y of the Act have effect in respect to sub-minimum blocks being claimed or remaining.

Where a lot on the plan includes other land as well as the land being claimed, the following procedure must be adopted:

  • an annotated copy of the plan must be attached to the application featuring the additional bearings, distances and area necessary to identify and depict the land under claim; and

  • the relevant title to the remainder of the land in the lot on the plan must be produced; and

  • an adhesion order​ is required from the relevant council.

The Guide to Title by Possession​ sets out the process and basic requirements for preparing and lodging an Application for Title by Possession under section 138W (4) of the Act. It also explains when a Plan of Survey is necessary and what information must be included.​​

Cases where an application may be accepted without survey are exceptional and at the​ discretion of the Recorder.


Lease Pl​ans and Diagrams

The definition provided by Section 80 of the Local Government (Building and Miscellaneous Provisions) Act 1993 should be referred to in determining whether or not a part of land lease is a "subdivision" under that Act.

The procedure for preparing a plan for a part of land lease is dependent on:

  • whether a leasehold folio of the Register is to be created, and

  • whether the lease is a subdivision.

Where a leasehold foli​o is required

Where a part of land leasehold folio is required to be created the lease description must be supported by either:

  • a plan of survey certified by a registered surveyor, or

  • the whole of an existing lot on a plan lodged with the Recorder of Titles.

Where a leasehold folio is not r​​​equired

Where a part of land leasehold folio is not required a plan of survey may still be required. Where no plan of survey is lodged, the lease must include a diagram annexure prepared in accordance with Regulation 13 (2) of the Land Titles Regulations 2012. The lease diagram should be drawn to the satisfaction of the Recorder of Titles, which means:

  • being drawn to scale in black ink

  • prepared at A4 size with all data clear and legible

  • having a boundary description along existing permanent features (eg) along centre of walls, floors, ceilings etc,

  • including a north point,

  • providing attribution of professional responsibility as to the basis of the information provided together with relevant signature(s) and date.

The portion under lease must be capable of definition, otherwise the dealing will not be registered.

Where the lease is a ​​subdivision

If the part of land lease is a subdivision the supporting plan of survey, or diagram, must either be:

  • sealed by Council, or

  • supported by a Council certificate of exemption under section 90 of the Local Government (Building and Miscellaneous Provisions) Act 1993​.

Where the lease is NOT a subdivision and a plan has been lodged

Where the part of land lease is not a subdivision and an unsealed plan of survey has been lodged, the plan will be marked as PLAN FOR LEASEHOLD ESTATE ONLY. The plan may not be used to later support a subdivision unless Council approval is obtained.

​Height Limitat​​​ion Plans

A height limitation or overlapping boundary plan is prepared where the land is divided vertically or both horizontally and vertically other than by a strata plan or lease.

For a random selection of height limitation plan examples see:

  • Plan 123551

  • Sealed Plans 24771, 39448, 130023 and 135937

Height Limitation Plans will feature various diagrams representing the same property, with each lot limited in height to above, or below, a fixed datum plane, or physical structure.​

The height limitation plan may be lodged as a final plan sealed by Council. If not sealed by Council the dealing to effect the division may be subject to compliance with sections 90, 102, 115 or 121 of the Local Government (Building and Miscellaneous Provisions) Act 1993 as applicable.


Forestry Righ​ts Plans and Diagrams

Section 8 of the Forestry Rights Registration Act 1990 provides for the boundaries of a forestry right to be specified by a diagram that is satisfactory to the Recorder of Titles. The section also provides that a diagram may be replaced with a new plan, if agreed to by the owner of the land and the grantee of the forestry right.

An unsealed plan of survey may be lodged with the Recorder of Titles to specify the boundaries in a part of land forestry right, however it is more common for a marked up plan of title to be attached to the dealing.

A diagram or plan of a forestry right (not certified under the Surveyors Act 2002) to be annexed to a dealing will need to be prepared in accordance with Regulation 13(3) of the Land Titles Regulations 2022.

The diagram should be drawn to the satisfaction of the Recorder of Titles, (ie):

  • prepared at a recognised scale

  • prepared in black ink with all data clear and legible

  • providing support information as to the basis of the information provided

  • showing the position of the forestry right in relation to the folio boundaries

  • with the area of the forestry right clearly defined on the plan

The plantation boundaries are to follow folio boundaries, excepted land boundaries or natural boundaries, or the plantation boundaries are to be fixed by approximate measurements, internal angles or other satisfactory "on the ground" natural feature descriptions and providing attribution of professional responsibility as to the basis of the information provided together with relevant signature(s) and date.

The descriptive boundaries in a forestry right plan must be capable of re-definition by survey.

Clients regularly lodging part-of-land forestry right registrations may make application to the Recorder of Titles to lodge the diagrams digitally.

Easements ​on Plans

When considering easements on plans, the following rules apply in the majority of cases:

  • all existing easements mus​t be dealt with.

  • ​a final pl​​​an must reflect the information in a schedule of easements, and vice versa.

  • ​an unsealed plan ​must accord with the creating dealing.​

Removal of existing burdening easements is generally achieved by one of the following methods as the case may require:

  • by a Request to Amend a Sealed Plan (made on a blank instrument form available from the LTO) under section 103 of the Local Government (Building and Miscellaneous Provisions) Act 1993.

  • an Instrument Releasing Easement (RPP form on Tasmanian Online Dealings) under section 108(1) of the Land Titles Act 1980.

  • an application for the cancellation of the registration of an easement under section 108(2) of the Land Titles Act 1980.

  • an application under section 84C of the Conveyancing and Law of Property Act 1884. More information can be found here: Overriding Interest Application Forms. Section 84C is not available for an overriding interest having effect by virtue of a plan of subdivision - see section 84C(1).

  • an application to Expunge (EXE form on Tasmanian Online Land Dealings​) under section 109 of the Land Titles Act 1980. Also see section 109(3). 

For further information about the creation of easements see Information regarding Creating of Easements by ​Schedule of Easements and Information regarding Creation of Easements by Transfer or by Order​ on the Practice Guides​ webpage.

Party Wall De​​finition

Section 34B of the Conveyancing and Law of Property Act 1884 provides a definition for the expression "party wall" used in dealings to create or evidence easements. A party wall is severed vertically along the boundary by separate ownerships entitling cross easements of support.

All information relating to party walls, overhanging eaves and other relevant structures should be featured in the survey notes to a plan of survey.

A party wall may only be featured on a plan if the easement exists in the folio, or is to be created in a schedule of easements or by a grant of easement.

A party wall on a face plan should be described in nature (e.g. brick or sandstone) and width and the folio boundary should be defined in relation to the party wall as either through the centre of the wall, or by offset measurement at both ends of the wall whichever the case may be.

User Roa​​ds

Where the public have used a strip of land for highway purposes and the control and maintenance of the formation has passed to a highway authority, the continuous public usage may infer dedication and acceptance of a public highway as a user road.

The fee simple of a user road may not vest in the highway authority but remain in the folio of the Register of the underlying land owner.

A user road may be featured on a plan by 0.35mm broken lines and the survey notes will need to define the road by bearing, distance or radiation.

A user road may be depicted as a road lot on a final plan sealed by Council in accordance with any requirements of Council and the relevant highway authority. However, where balance land or adjoining land is being compiled onto a final plan as a condition of Council permit, the location or status of any user road will not be further investigated by the Recorder of Titles, provided the compilation accords with the plan of title.

Crown Lan​​​ds Orders

Where a final plan is creating lots that front on a public highway which is situated on a crown coastal or river reserve and that highway provides sole access to the lots on the plan, the following conditions apply:

  • the surveyor is to provide information in the survey notes as to which highway authority maintains the road

  • the surveyor is to show offsets to the centre line of the road, the road width and the nature of formation along the entire frontage of the subdivision

  • if the complete highway falls within twenty metres of the folio boundary, the final plan will be made effective showing the lots fronting on the highway

  • this Office will subsequently provide the Property Services Branch of the Department of Natural Resources of Tasmania sufficient information for a Crown Lands Order to be issued

  • if the highway extends beyond twenty metres from the folio boundary, the Office will require the Crown Lands Order to issue before the final plan can be made effective, this action may be initiated by practitioners during the subdivision process to avoid delays with the final plan in the Office.

The existence of a Crown Lands Order should be featured on a final plan. The extent of the Order should be defined by fine broken lines, together with the following notation:
RESERVED FOR PUBLIC ROAD PURPOSES BY CROWN LANDS (PUBLIC ROAD) ORDER NO. (insert) of (insert year)

Where a final plan is creating lots that front onto unencumbered Crown land being used as road, the Office will require a proclamation under section 7 of the Roads and Jetties Act 1935.

Crown Reserva​tion Boundary Re-instatement

A reservation in a crown grant of a certain width from a natural boundary fixes a boundary in that position, even though the natural boundary may subsequently shift.

Where a description in a folio of the Register is being re-instated along a crown reservation abutting a natural boundary, the boundary should be re-instated (by bearing and distance) in its original position:

  • from original survey monuments

  • by re-instatement of the original survey using established survey techniques

  • or by fixing the boundary at the original width from the natural boundary, where no other re-instatement is possible​

Where necessary the survey notes should report on the reason and method of re-instatement of the boundary.

Where the re-instatement of a folio boundary leaves a crown reservation boundary with a gross excess or deficiency in width, any implications may need to be considered and dealt with.

Waterways and Tidal Boundaries

At common law, where a boundary is identified or described as a natural feature such as a river or the sea, the boundary is the physical location on the ground of the feature, and all survey measurements and drawings act as secondary evidence, or guides, to the location of the physcial feature.   

A boundary in a crown grant described as abutting a seashore extends to the physical location of the mean high water mark unless there is a clear statement or intent to the contrary. For example, there are known grants in Tasmania where the clear intent for the natural boundary described in the grant and supporting survey was the landward extent of a saltmarsh (the natural boundary between the saltmarsh and land not affected by salt) and not to the mean high water mark. There is no ​statutory ​definition of a methodology to determine mean high water mark in Tasmania.​

In crown grant surveys conducted in colonial Tasmania it was common practice for surveyors to measure the location of the toe of vegetated bank near the foreshore, and then only approximately so, and refer to that as the location of the tidal water boundary on the survey plan. This physical feature almost always DOES NOT reflect the true location of the common law determination of mean high water mark, which in qualitative terms may be expressed as the line on the foreshore below which the land is covered by water more often than not.   ​

A boundary described along the bank of a non-tidal river, creek or stream extends to the line of the water channel measured at its average or mean level of flow, without reference to flood or drought.

A natural boundary on a plan should be described as the relevant natural feature:

  • boundary along high water mark, or

  • boundary along the near bank.

​Natural boundaries (e.g. seashore or rivers) are said to be ambulatory or liable to a shifting of position from time to time under the common law doctrine of accretion and erosion. Any movement of a natural boundary needs to be gradual, imperceptible and of a permanent nature so that there are no remaining visible signs or evidence of the old boundary.

Sudden or artificial changes to a waterway by avulsion do not change the boundary and the separated parts continue in the ownership of the original proprietors.

The doctrine of accretion does not apply to non tidal lakes.

A new survey of a natural boundary must locate the natural feature to an accuracy appropriate to the purpose and circumstances of the survey - refer clause 3.2.1.4 of the Survey Directions, Tasmania​.​

Where a survey is solely being carried out to more accurately describe the location of a natural boundary, including by accretion or dereliction of the natural boundary (the survey is not being carried for any other reason),​ the plan must be prepared in a form to support an application for rectification of boundaries under section 142 of the Land Titles Act 1980. The surveyor must report in the survey notes on the evidence used to determine the current location of the natural boundary, including the specific evidence that led to a conclusion that the doctrine of accretion and erosion applies if that is being proposed.

See Office Circular No 1/1999 regarding the ad medium filum "rule".


Contact

Plan Services Section

Level 1, 134 Macquarie Street,
Hobart, TAS, 7000.