Transfer of Land Act 1893 Surveys, plans, parcels and boundaries 155. Margin of error allowed in description of boundaries (1) From and after the coming into operation of this Act the dimensions of the boundaries of any parcel of land as stated in any document of title now made or hereafter to be made relating to such land or as represented on any graphic endorsed on, annexed to, referred to in or otherwise linked or connected to, any such document of title shall unless such construction is expressly negatived or modified by such document of title or contract be construed as though the phrase “a little more or less” immediately followed and referred to the dimensions so stated or represented.
Transfer of Land Act 1893 Surveys, plans, parcels and boundaries (2) Such phrase shall in all cases whether so implied or expressed be deemed to cover any difference between the dimensions so stated or represented as aforesaid and the actual dimension of such boundaries as found by admeasurement on the ground when such difference does not exceed the following limits that is to say a limit of 50 millimetres for any one boundary line irrespective of its length where the length does not exceed 40 metres but where it exceeds 40 metres a limit equivalent to 1 in 500 computed upon the total length of such boundary line.
Transfer of Land Act 1893 Surveys, plans, parcels and boundaries (3) No action shall be brought by reason or in respect of such difference (whether of excess or deficit) where it does not exceed the aforesaid limits.
Transfer of Land Act 1893 Surveys, plans, parcels and boundaries 154. How boundaries may be proved in absence of survey marks When the survey marks of the boundaries of any section allotment or other parcel of land have been removed or obliterated but it is proved in some court of competent jurisdiction or to the satisfaction of the Commissioner of Titles (where the land is under The Transfer of Land Act 1874, or is under or is proposed to be brought under the operation of this Act) in any proceeding or application in which the boundaries of such parcel of land have to be determined that certain buildings fences walls or other improvements of a permanent nature or a succession of such improvements —
Transfer of Land Act 1893 Surveys, plans, parcels and boundaries (a) have ever since the removal or obliteration of such survey marks indicated or agreed in position with the boundaries originally marked on the ground by the survey marks so removed or obliterated; or
Transfer of Land Act 1893 Surveys, plans, parcels and boundaries (b) have for the full period of 20 years without interruption been used and regarded by the owner or occupier or successive owners or occupiers of such parcel of land as marking or agreeing in position with the boundaries of the parcel of land comprised in the document of title under or by virtue of which such land is or has been occupied,
Transfer of Land Act 1893 Surveys, plans, parcels and boundaries such proofs as aforesaid shall be deemed and received as sufficient evidence of the true positions of the original survey boundaries of such parcel of land.
LEGISLATION Are you familiar with these statutes? 1. Land Boundaries Act 1841 2. Town Allotments (Boundaries) Act 1844 3. Town Boundary Marks Ordinance 1853
Boundary Definition – Hierarchy of Evidence Court Precedent Natural boundaries Monumented lines Old occupations, long undisputed Abuttals Statement of length, bearing or direction.
Boundary Definition – Hierarchy of Evidence Court Precedent KEY POINT “What was the intention of the parties who established the original boundary?” Any abrupt or artificial change does not alter a riparian boundary.
Boundary Definition – Hierarchy of Evidence Court Precedent KEY POINT very accurate surveys that show original measurements to be in error is immaterial where the evidence of the boundary is otherwise in doubt.
Boundary Definition – Consideration of Evidence Remember boundary surveying is both an art and a science. KEY POINT Co-ordinates yield to the boundaries defined by improvements and the position of marks on the ground.
Boundary Definition – Consideration of Evidence KEY POINT The markings of an earlier boundary take precedence over those placed later.
Boundary Definition – Error or Negligence Minimal search – latest only Minimal pick up Calculation by others “best fit” by least squares No check against improvements No improvements located
LEGISLATION Improvements Licensed Surveyors (Guidance of Surveyors) Regulations 1961 25. Re-establishment of surveys …….the position of the boundary marks ….originally established on the ground by a Government surveyor …. must be regarded as the true position … but to prevent the perpetuation of patent errors in original surveys and to guard against fraud in case where a material disagreement is found to exist between a new and an old survey, the surveyor shall forward a full report and a sketch showing the position of and describing all old survey marks and improvements on or near the boundary line.
LEGISLATION Boundary Marks Licensed Surveyors (Guidance of Surveyors) Regulations 1961 25. Re-establishment of surveys Where original intermediate marks are not truly aligned between the corners the surveyor may correct the alignment of them provided that no improvements are affected by the alteration. The original and amended positions of the marks must be clearly recorded in the field book …….
Regulations Licensed Surveyors (Transfer of Land Act 1893) Regulations 1961 8. Contents and lodging of field books (1) ….The field book kept in the field………….. must show everything that the surveyor does or finds to exist on the ground such as angles, bearings, distances, old marks tied on to or replaced, offsets, position of fences, buildings, walls, roads, rights-of-way, subdivisions, etc..
Regulations Licensed Surveyors (Transfer of Land Act 1893) Regulations 1961 8. Contents and lodging of field books (2) All improvements within one metre of the boundary must be located.
10. Subdivision to be shown separately The notes of the “surround” of each survey must be shown in the field book distinct from those of the internal subdivisional surveys. Licensed Surveyors (Transfer of Land Act 1893) Regulations 1961
19. Improvements along frontages …… and shall locate all the improvements along the frontages at or near the corners of each allotment……………
Licensed Surveyors (Transfer of Land Act 1893) Regulations 1961 21. Verification of marks found Before any survey post, peg, spike, or other mark is adopted it must, if possible, be proved to be in the position assigned to it on a deposited plan
Licensed Surveyors (Transfer of Land Act 1893) Regulations 1961 23. Re-defining road corners (4) If there are buildings or permanent marks within a radius of 20 m from the corner, the surveyor is to connect the corner to them by sufficient measurements to allow reliable reinstatement of the corner from those buildings or marks.
Licensed Surveyors (Transfer of Land Act 1893) Regulations 1961 24. Crown surveys to be adopted The original alignment of every Crown survey must always be adhered to except as provided for in general regulation 23.
Boundary Definition Potential sources of errors Plans & Diagrams were often amended and used as index plans – don’t assume they are error free The conversion of links to metres is an error source
Boundary Definition Potential sources of errors Spike protection You may use the spike protection data to re fix the position of the protected mark, but you then need to do additional surveys to confirm its correctness or otherwise.
FIELD NOTES History As the field-notes are the primary record of survey, are accepted as evidence in a Court of Law, and are for Departmental reference for all time, it is importance that they should be precise and complete, indexed for purposes of ready reference, and kept in a neat and professional manner. Epitome of circular instructions relating to survey – 19 June 1896 – Department of Lands NSW
FIELD NOTES Field Book Field Record The surveyor’s findings should be recorded for defence purposes.
DEFENSIVE PRACTICE Natural boundaries Monumented lines Old occupations, long undisputed Abuttals Statement of length, bearing or direction. HAVE WE REVERSED THE ORDER?
Boundary Definition – Order of Evidence Inspecting Surveyors Reliable marks or monuments on the subject alignment. connections to buildings Reliable marks/monuments on other side of the road. Then use original connections back across road.
Boundary Definition – Order of Evidence Inspecting Surveyors Proportioning distances (whilst maintaining alignment) over two or more sections. This method is usually only reliable when both sections are part of the same original survey but it is the only method to be used where deficiencies are involved
Boundary Definition – Order of Evidence Inspecting Surveyors Proportioning distances whilst maintaining original angle/s within street section. Maintaining original distances. Maintaining straight street alignments. Producing street alignments. Maintaining original angles.