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.
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 Forms
See Plan Forms.
Section 143E of the Land Titles Act 1980 provides that a Plan lodged with the Recorder of Titles relating to part of land in a folio of the Register must be accompanied by a Balance Plan for the remainder of the land in the folio. General Requirements
Balance Plans are to be prepared on Plan of Title forms, labelled "BALANCE PLAN" and prepared in accordance with the Office plan drawing specifications.Compiling Full Status Balance Plans
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.
Full status Balance Plans are generally prepared for folios of the derived from crown land grants or from plans of survey subsequent to the original grant survey. These plans are compiled from survey data, and survey notes are NOT required. Compiling "Sketch by Way of Illustration Only' Status Plans
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.
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 prepared in accordance with the Office plan drawing specifications.
"Sketch by way of illustration only" status balance plans are converted from general law deeds based on a verbal description or incomplete survey data therefore these plan boundaries and measurements MUST NOT be amended.
See also "Plans prepared to convert land from general law" below.
Plans Prepared to Convert Land from General Law
The Branch prepares plans to support Land Titles Act Folios of the Register resulting from conversion of general law deeds. These plans are prepared as "sketch by way of illustration only" status Conversion Plans.Conversion Plans
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 error of close applicable at the time the survey was undertaken.
"Sketch by way of illustration only" status Conversion Plans plans prepared by the Branch to support conversion from general law are:
As a general rule, measurements shown in a Conversion Plan should not vary from the measurements in the deed description.
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 otherwise found 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 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 Way of Illustration Only" Status Conversion Plans
Land to be excised from the deed description is commonly referred to as excepted land and will generally be either referred to in the deed description or result from cadastral search. Imperial and Metric Measurements on the "Sketch by Way of Illustration Only" Status Plan
All excepted lands will be shown as hatching on the plan not included in the Lot area whilst exceptions resulting from cadastral search will also be listed on the top-left of the plan form as "Excepted Lands".
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 status plans. In these cases the imperial measurements per the deed description would be shown in brackets. Upgrading a "Sketch by Way of Illustration Only" Status Plan
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.
A "sketch by way of illustration only" status plan may generally be upgraded to "full" status by the following:
The decision as to the need for actual survey is the responsibility of the surveyor.
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 Sec 32(2)(c) of the Land Titles Act 1980.
Redefinition of Sketch Boundaries
The survey redefinition of a "sketch by way of illustration only' status plan must, as with all surveys, be based upon the best evidence that the nature of the case admits.
In some cases the deed description from which the "sketch" was prepared refers to survey data which does not comply with the relevant survey regulations or by-laws applicable at the date of that survey.
In examining a survey redefinition of a "sketch by way of illustration only" status plan, the Recorder of Titles might seek to have a boundary acknowledgement by the adjoining owner lodged if the boundary is reinstated beyond occupation, or if the boundary alignment is significantly different to the deed description, unless existing registered survey marks are being adopted or unless adjoining registered land has been satisfactorily retraced using acceptable and sufficient evidence.
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 should have previously been surveyed and marked in accordance with the statutory requirements at the time of survey. In addition, sub-section 126.96.36.199 of the Survey Directions Tasmania does not permit the calculation of boundary intersections.
A folio description that is a sketch by way of illustration only cannot be compiled onto a final plan to be sealed by Council, nor be used to support 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:
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
Possessory Application Plans
These are plans lodged to support an application to bring land under the Act by adverse possession, or an application for title by possession in accordance with Part IXB of the Land Titles Act 1980. Where a plan is required, the original Plan of Survey plus plan lodgement fee is required with the application.
The plan should 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 provisions of section 138Y of the Land Titles Act 1980 have effect in respect to sub-minimum blocks being claimed or remaining.
Where a lot on plan includes other land, as well as the land being claimed, the following procedure must be adopted:
a 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 to the Office, and
the lot would need to be given effect by an adhesion order.
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.
Lease Plans 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.Where a leasehold folio is required
The procedure for preparing a plan for a part of land lease is dependent on:
Where a part of land leasehold folio is required to be created the lease description must be supported by either:
Where a leasehold folio is not required
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 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: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 Limitation 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 Rights 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 (2) of the Land Titles Regulations 2012.
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 need to 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 must be dealt with
a final plan must reflect the information in a schedule of easements, and vice versa
an unsealed plan must accord with the creating dealing.
All easements required for the benefit of a lot on a plan must be shown on the plan.
Any benefiting easement not shown on a final plan will be considered to be not required by that plan and will not be featured on the folio of the Register to be created, although the "right" will remain in abeyance until formally removed.
All existing burdening easements must be shown on a plan and any easements not shown will need to be formally removed.
Removal of existing burdening easements is achieved by one of the following procedures:
by section 103 (LGBMPA) amendment where the easement is featured on a sealed plan
by section 108 (LTA) release where the easement is not featured on a sealed plan, or
by section 84C (CLOPA) extinguishment where the easement is not featured on a sealed plan.
Unity of seisin acts at general law to extinguish easements when the benefiting and burdened lands are in common ownership. The rule also applies to registered land but in order to remove the easement from the titles it is necessary to expunge it under section 109 of the Land Titles Act 1980.
The descriptive wording of an easement on a plan needs to reflect the interpretation in the schedule of easements or creating dealing. The Conveyancing and Law of Property Act 1884 provides statutory short forms for:
All other easements need an interpretation in the creating dealing.
Sufficient bearings and distances must be shown to fix an easement being created on a plan.
The flow or direction of a drainage easement must be shown by means of arrows on a final plan to be sealed by Council.
Party Wall Definition
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.
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 fine 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 Lands 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 Crown Land Services Branch of the Department of Primary Industries, Parks, Water and Environment 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
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 Reservation Boundary Re-instatement
A reservation in a crown grant of a certain width from a natural boundary will fix 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
A boundary in a crown grant abutting a seashore extends to the mean high water mark unless stated to the contrary.
A boundary along the bank of a 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:
boundary along high water mark, or
boundary along 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. 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.
Where a survey is being carried out to re-define accretion or dereliction of a natural boundary (and the survey is not being carried for any other reason) the plan should be prepared in a form to support an application for rectification of boundaries under section 142 of the Land Titles Act 1980. The surveyor should report in the survey notes on the boundary evidence that led to the conclusion that the boundary has shifted.
See Office Circular No 1/1999 regarding the ad medium filum "rule".