Make direct contact with the principal:
0419 353 414 or
terry@cromersurveyors.com.au

Glossary

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Survey Methodology

Survey Methodology: Historically, surveyors entered the field with pack horses, a cook, camp equipment, someone to look after the horses, 5 chainmen, some axemen and most likely a survey assistant or two. Field work represented 95% of the time involved and therefore the equivalent percentage in the final fee.

We have been gradually working towards a situation where now with such ‘tools’ as GPS (note not always the total solution) we spend 50% of the time in the field and the remainder in front of the computer. Boundary Surveys & solutions by GPS require very good preparation and uploading of resultant data to the GPS Data Recorder.

GPS is simply another, quicker way of measuring. It does not supply a magical solution to boundary issues but allows the surveyor to more quickly seek solutions in the field, if he\she is well prepared. His\her expertise is still required to form an opinion of the boundary entitlements in accordance with accepted practice (best available evidence).

Some regulations that come into play when boundaries are under survey are:

(A) The surveyor must form an opinion of the location of the end of a boundary line if attempting to place a mark along the boundary line (ie a line peg).

(B) The surveyor must connect into to adjoining boundaries by their surveys or the best available evidence to ensure that adjoining properties maintain their entitlements.

(C) Best available evidence may mean, due to lack of information or evidence, that the surveyor must measure further afield to come to a ‘best’ opinion. Note that ‘further afield’ can mean either further ‘away’ in distance or further back in time and age of surveys to come to a considered opinion.

(D) Measurements are not necessarily what boundary definitions are about. A quote from A G Foxhall’s Handbook for Practising Land and Engineering Surveyors:

“In the absence of evidence to the contrary the following is the order in which different methods of definition should be adopted, subject to abnormal conditions:

(1) Natural features, such as rivers, cliffs etc. See our section on Ad Medium Filum.

(2) Original marking of grant boundaries, road surveys, alignment or resumption surveys.

(3) Monuments and abutments.

(4) Original marking of private surveys.

(5) Occupations.

(6) (Lastly, and least satisfactory and only to be adopted when the previous methods do not apply) measurement.

This order is not arbitrary,……”

Measurement is a ‘tool’ used by the surveyor to assist in forming his\her opinion of a boundary. Once he\she has formed an opinion the surveyor then must mark and reference his\her survey and provide appropriate measurements on a plan lodged with the Recorder of Titles. The need to undertake new survey measurements to a certain accuracy (as set down by legislation) and prepare a plan is to ensure that in future, the then surveyor can rely on those measurements and plan to assist in redefining the relevant boundaries.  

Given the above, it is appropriate to reflect on Survey Fees generated by the Surveyor in complying with his staturatory responsibilities.

Survey Fees are usually Time & Costs. (See also Terms of Contract under Glossary)

Estimates or costings given do not include GST or Lands Titles Office or Search Costs:

Fees are due and payable on rendering of the invoice or account to the client. Payment by Direct Transfer is preferred to

ANZ:   BSB  017 318   ACC: 282998103 : Account Terence Cromer Quote Your File No. or Invoice No.
 

BOUNDARY SURVEYS require the purchase of information (search) from the Lands Titles Office. Upon instruction, this information is purchased (over the net) and an account generated and sent to the client for immediate payment. Surveys that are lodged at the Lands Titles Office generate a fee as per 'Fees of the Lands Titles Office'.

Boundary Survey costs are directly related to:

1. The age and proximity of the most recent adjoining surveys and the survey marks that may or may not still exist. The older the most recent survey, the less likelihood that survey marks from that survey still exist. Unfortunately, the existence of such marks cannot be confirmed until the survey is under way.

In many cases there are NO marks left in the vicinity. This then requires the surveyor to survey to out lying corners to either find additional old marks OR to utilise other further afield evidence to satisfy himself the land that his client is entitled to. 

2. The slope of the land.

3. The extent and thickness of the vegetation. Note that surveys by GPS require reasonably clear access to the sky.

4. The proximity or otherwise of Map Grid of Australia (MGA) survey control marks. (we are now required by law to connect to such MGA control). These are red coloured ‘brass plaques’ placed at random throughout the state. 

5. All surveys that involve the placement of survey marks MUST be registered at the Lands Titles Office by means of the preparation of a Plan and lodging of same.

6. See notes above concerning Boundary Redefinition for reasons why estimates are sometimes exceeded & an explanation of why we do what we do!

Schedule of Easements

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Schedule of Easements: means the primary conveyancing document in a sealed plan that sets out any easements, covenants or profits that are to created to benefit or burden the lots when the sealed plan takes effect.

The example on the right is a final Plan of Survey, showing Building Envelopes and Mutual Rights of Way, all of which are defined in the Schedule of Easements which is depicted underneath the Plan of Survey.

SIMPLY:

When a surveyor prepares a survey plan relating to a development for lodgement with Council he also prepares and organises two other documents. One is the Survey Notes and the other is the Schedule of Easements. This document reflects the old and new easements relating to the lots on the plan, together with any covenants. It needs to be endorsed by the owners and mortgagees. It can be simple in nature or complex where Rights of Way and the like are involved.

HOW WE ASSIST:

We can interpret this sometimes complex document for you and advise of those matters that affect the title in question.

Sealed Plan

Sealed plan (or SP, Final Plan or Plan of Survey): means a plan of subdivision or Survey approved by a local council (if necessary) and made effective by the Recorder of Titles. Also called a SP, A Final Plan of Survey or a Plan of Survey (not all Plans of Survey need approval by the local council, they can be prepared to support an application to convert a title description from a Sketch By Way of Illustration to a full Torrens Title). If a lodged plan complies with all aspects of a permit, then council accept it by placing their Seal upon it.

SIMPLY:

Means the plan that a surveyor prepares to finalise a subdivision which is then lodged with Council. Council ensure that the plan reflects the Permit conditions and 'Seals' such plan and forwards it to the Lands Titles Office for issue of new titles.

HOW WE ASSIST:

Surveyors are the only professionals allowed to prepare plans of subdivision. This office has the knowlegdge and experience to prepare such documents as required.

Search

Search: means, in a survey sense, the gathering of title and past survey information relating to a specific location.

SIMPLY:

It is the documentation that a surveyor needs to undertake his field survey and \or investigations. It is in excess of that gathered by solicitors, valuers and the like because it also includes the gathering of field notes. In addition, any profession undertaking a search takes responsibility that they have obtained the most up to date information; hence Priority Notices and Unregistered Dealings. Even if a client possess what they believe to be search information it's value only extends to it being of assistance in initialising a new search.

Searches attract State Government fees on the basis of so much per title + so much per survey and are available through this office over the net.

HOW WE ASSIST:

You can purchase your Search Information and \or title through this office.

Septic Tank

Septic Tank: is a means of effluent disposal that has been utilised for many years in unsewered areas.

In terms of development approval in unsewered areas, effluent disposal approval is necessary to achieve approval for the development.

SIMPLY:

Effluent disposal approval is a requirement of development approval in unsewed areas. It is therefore necessary to show that disposal is possible without failure within the boudaries of the lot to be approved and subject to a number of setback measures.

HOW WE ASSIST:

We are closely aligned with geotechnical experts who can provide the right advice concerning effluent disposal.

Contact us for advice in relation to these matters. 

Setback

Setback: is a term often associated with Planning Schemes and the like and usually relates to an offset that a new or proposed structure or boundary needs to be from a road, boundary, watercourse, industry or other designated structure

SIMPLY:

A specified distance from a feature to a proposed feature.

HOW WE ASSIST:

We can determine and inidcate on a plan the required offsets and their effect on a proposed development. 

Setout Survey

Setout Survey: Every proposed building should be properly set out in accordance with the architectural plans and specifications and reflects those plans only, not any additional regulations.

The architectual plans should also ensure compliance with boundary and easement set back ordinances as defined by same. If instructing firstly have a look at those links relating to Survey Fees, Terms of Contract and Survey Methology. A request to Dial Before You Dig should also be made.

HOW WE ASSIST: We offer experience and a prompt service, liaising with either your builder or other allied professional as required. These set-out surveys often form part of a larger project, such as a strata title subdivision.

Contact us for advice in relation to these matters. 

Settlement Date

Settlement Date: The date when the seller is paid the full purchase and ownership passes to the purchaser. 

Settlement

Settlement: Completion of a contract of sale of real estate at which time the buyer pays the money to the seller and seller provides the buyer with possession to the property. 

Severance Titles

Severance Titles: Quite often the question is asked how a neighbour has been able to ‘subdivide’, whilst an adjoining owner has been refused approval. It may be that the adjoining owner has enjoyed the benefits of preparing ‘severance plans’ prior to 1995.

Historically the term “severance” was given to a block of land that could be excised from a larger title without the need for the boundaries to be surveyed, or for local council approval to be obtained.

In 1993 parliament enacted a suite of legislation to provide the state with a resource, management and planning system.

The Local Government (Building and Miscellaneous Provisions) Act 1993 was part of the legislative suite that, amongst other things, abolished severance titles.

The definition of “block” in the act still allows for the following part of land transfers, without the need for survey or council approval-

 The whole of a lot on a plan lodged with the Recorder of Titles before 1 January 1995
 The whole of an original crown grant
 The whole of the land in a title
 The whole of the land in a deed
 Part of the land in a title that can be verbally identified by description for transfer purposes

The act prohibits the part of land transfers of “severance blocks” that are-

 Intersected by a highway, railway, tramway or any other way
 Intersected by land of the crown, the commonwealth or other person
 A fragmented portion of a title that requires mathematical closure for description.

The severance moratorium expired on 1 January 1995 therefore only lots on plans lodged with the Recorder of Titles before that date can still be used to obtain part of land severance titles.

SIMPLY:

If a plan relating to severance lots was prepared and lodged with the Lands Titles Office prior to 1995, it is still possible to obtain separate titles without the need for Council approval or sometimes survey in the field.

HOW WE ASSIST:

We can determine the status of existing survey plans lodged at the Lands Titles Office and advise you accordingly.

Contact us for advice in relation to these matters. 

Site Distance

Site Distance: relates to minimum prescribed distances from an access point onto road or highway to the point of first view of an approaching vehicle.

It is governed by standards such as height above the ground of the viewing point, distance from the edge of the road, elevation of the approaching or receding road and the speed limit on the highway.

SIMPLY:

A specified distance that relates to Australian Standards that defines a minimum distance required from an access point to the first view of an approaching vehicle.

HOW WE ASSIST:

We can advise, measure and map available site distances to satisfy the requirements of a council or appeal tribunal.

Sketch by Way of Illustration

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Sketch by way of illustration only: means that whilst the estates (ownership) in the title are guaranteed as correct; the boundaries are not derived from a registered survey. The boundary measurements on a sketch plan need to be interpreted in conjunction with any occupation (fences) or other boundary evidence that exists on the ground. 

In other words, means a description of land converted from a general law deed or conveyance where there was no survey data and where the deed was based on a verbal description only. Such titles do not support Strata Development and therefore need to be converted to Real Property Act title (or Torrens Title) by a surveyor undertaking a title survey and preparing a Plan of Survey.

SIMPLY:

See the example adjoining. The plan 'looks' like every other title but the measurements and areas (if any) are a draftspersons interpretation (possibly of a conveyance) only. For many years there were two forms of title within Tasmania; General Law Deed (or conveyance) and Real Property Act title (or Torrens Title). Two main differences existed between the two; with General Law, there was a NEW deed or conveyance drawn up for each dealing and the land was described in a verbal manner (eg. easterly along Collins land to the creek etc). With Real Property Act title, there is one title, with each new dealing being registered on that document, together with a surveyed (and therefore survey plan) description of the land.

In recent times there has been a move to 'convert' general law land to Real Property Act title; This is mostly complete apart from the fact that the conversion only went as far as to create one document with the listed dealings; the description of the land remained as before, verbal as per a conveyance. To assist interpretation of this description, a sketch plan was created (a 'Sketch By Way of Illustration Only') by the Titles Office and attached to the title. The description of the land is therefore not supported by survey. 

Buyer beware!!!, an Identification Survey (check survey) should (must?) be undertaken prior to finalising a purchase of such a title (indeed any title). Similarily a Remark Survey should be undertaken if any form of construction is to take place.

Another document describes these titles as follows:

Over the past 30 years the Tasmanian government has progressively been converting general law deeds (or conveyances) to Torrens title as they are presented to the recorder of titles for registration (upon sale, mortgage, etc.)

The converted titles are made up of two parts; the schedules of ownership interests in the land and the plan of title.

Many old deed boundaries (or conveyance boundaries) were verbally described rather than being derived from a survey and consequently current legislation provides that the conversion plan prepared by the recorder of titles from a verbal description be a "sketch by way of illustration only".

Generally speaking this means that boundaries that follow lines of old & contented occupation may be a better representation of ownership than conversion plan measurements, subject to Boundary Redefinition Methodology.

There are "rules" in the boundary re-instatement process based on common, case & statute law; therefore the boundaries in a sketch plan can only be updated or amended by a new plan of survey that needs to be lodged with, and approved by, the recorder of titles.

Some old deed boundaries (or conveyance boundaries) are derived from actual survey and the recorder of titles gives the conversion of these deed boundaries the same status as torrens title surveys.

HOW WE ASSIST:

We can view the title and advise you of the likely need for a Identification (check) survey prior to purchase, as the available dimensions and area of such a block may not be consistent with the title documents. We can convert the title to allow Strata Development.

Slope

Slope: means the gradient, incline, rise, angle, slant or undulation of land. It is interpreted on plans by means of contours, shading or levels (RL's...Reduced Levels). It can be defined in % (10% is 1:10), angle (45 degrees is 1:1) or as a ratio (1:10...ie 1 unit in 10 units....say 1 metre in 10 metres)It is used in planning terms to define whether a portion of land is too steep for a particular type of development.

SIMPLY:

It is a measure of the steepness of land.

HOW WE ASSIST:

We can derive RL's (field levels) over land to derive slopes or contours to assist design of structures or satisfy Planning requirements.

Sole Agency

Sole Agency or Sole Listing Also called Exclusive Agency. One real estate company is appointed by the seller and is responsible for managing the marketing and sale of the home. All enquires must be conducted through the agent. Auction and tender are also forms of sole/exclusive agency. A sole or exclusive listing is usually for a specific period of time. 

Sole Listing

Sole Listing: or Sole Agency, also called Exclusive Agency. One real estate company is appointed by the seller and is responsible for managing the marketing and sale of the home. All enquires must be conducted through the agent. Auction and tender are also forms of sole/exclusive agency. A sole or exclusive listing is usually for a specific period of time. 

Stakeholder

Stakeholder: The Person who holds the deposit in connection with a sale, usually the vendor's agent, and is obliged to hold it on behalf of both parties. 

Stamp Duty

Stamp Duty: Payable to the Tasmanian Government on the transfer, it is assessed on the sale price of the property and is payable by the purchaser. Stamp duly is also payable on the mortgage document. 

State Level Datum to AHD

To convert a level datum from State Datum to AHD: (Australian Height Datum) subtract 0.165 metres from State Datum.

Statute

Statute: An Act of Parliament. 

Strata By-Laws

This Glossary Item on Strata matters also continues on 'page 2' of this Glossary listing as shown on the bottom of this page.

Strata By-Laws: in relation to a strata scheme mean the rules and regulations that each lot owner and occupier must observe for the orderly conduct and control of the strata scheme.

Strata Scheme & Master Plan

This Glossary Item on Strata matters also continues on 'page 2' of this Glossary listing as shown on the bottom of this page.

Strata Scheme & Master Plan: means the complex of lots and common property, together with a system of administration and management, created upon the registration of a strata plan by the Recorder of Titles. If it is envisaged that the development is to take place in stages a Master Plan will be required. This sets out the Future Development of the site and is usually lodged with Council and the Titles Office with a Stage 1 Strata Plan. It gives purchasers and the developer security in terms of what is 'coming' in the remaining stages. A Disclosure Statement is also necessary to accompany the Master Plan plus an SDS form (See Below-Application for Registration of a Staged Strata Scheme). At the time of registering stage 1 it is also a good idea to prepare an ASO form (which is an Application By a Strata Lot owner to Amend a Strata Scheme) for future use when future stages are completed.

Strata Title Survey costs are dependent on the number of units AND the number of floors involved. In addition, if the title is a Sketch By Way of Illustration then a conversion survey to create a Torrens Title will be required, together with the necessary Lands Titles Office fees. With a Strata Survey, the surveyor certifies that the buildings are within the title boundaries; it may be necessary for the surveyor to undertake at the least an Identification Survey and quite possibly a Remark Survey to register his opinion of the boundaries and support his Strata Certificate. Have a look at Fees (Survey) for more information on Strata Title Surveys.

SIMPLY:

It means the structure of a subdivision undertaken by means of Strata Development. It involves the Lots (units) to be created, the land that may or may not be common property and the respective responsibilities (unit entitlements)of each lot owner, whether they be different or equal.

HOW WE ASSIST:

We can interpret the description of boundaries and unit entitlements that may apply to a strata development. Strata development is often undertaken to overcome a lack of sufficient frontage to allow traditional subdivision on a block of land.

Strata Title

This Glossary Item on Strata matters also continues on 'page 2' of this Glossary listing as shown on the bottom of this page.

Strata Title: A system of land title based on the horizontal subdivision of air space. In practice, plans of a building are registered, containing internal units marked as to their boundaries, and each allocated a tot number as in a plan of subdivision. The system is used to provide a certificate of title for each unit within a residential, commercial or factory building. 

Strata Title Survey costs are dependent on the number of units AND the number of floors involved. In addition, if the title is a Sketch By Way of Illustration then a conversion survey to create a Torrens Title will be required, together with the necessary Lands Titles Office fees. With a Strata Survey, the surveyor certifies that the buildings are within the title boundaries; it may be necessary for the surveyor to undertake at the least an Identification Survey and quite possibly a Remark Survey to register his opinion of the boundaries and support his Strata Certificate. Have a look at Fees (Survey) for more information on Strata Title Surveys

 

Strata Plan Checklist

Source: Office of the Recorder of Titles

 

1. The strata scheme is over a "full" status folio, not a "sketch".

2. Site measurements accord with the plan of title measurements.

3. Site plan boundaries mirror the folio plan boundaries.

4. Plan of survey (re-definition) required to support site if a "sketch" folio or if site measurements do not accord with the folio plan.

5. Site plan shows all building offsets of less than 2.00 metres.

6. Site plan and all building and lot details are drawn to scale.

7. Sheet 1 title block and details are current and correct.

8. Site plan abuttal information is current and correct, including a connection to a road junction or similar for location purposes.

9. Name of scheme is an address in a city, town, suburb or locality, or a name approved by the Recorder of Titles.

10. Each strata level is adequately defined (basement, ground floor, etc.) on a separate sheet as per Land Titles OfficeCircular Memorandum No. 5 of 1998.

11. The vertical and horizontal boundaries of each lot are adequately defined (both written and graphically) as per Land Titles Office Circular Memorandum No 5 of 1998 and the Survey Requirements for Strata Plans prescribed by the Survey Directions Tasmania pursuant to the Surveyors Act 2002.

12. Lot areas are correctly shown on each detail sheet.

13. Each lot has a unit entitlement and units are totalled on the final sheet.

14. Council and surveyor's certificates are signed and dated.

15. Council declaration is required if building extends under or over a highway.

16. Name of the body corporate is shown on the plan.

17. Address for the service of notices is shown on the plan.

18. A specific annexure sheet is required if special unit entitlements are being created or if the body corporate is being divided.

Stratum

This Glossary Item on Strata matters also continues on 'page 2' of this Glossary listing as shown on the bottom of this page.

Stratum: Stratum means a part of land consisting of a space or layer below, on, or above the surface of land, or partly below and partly above the surface of the land, defined by reference to improvements or otherwise. Strata is the plural of stratum. 

Sub-minimum Lot

Sub-minimum Lot: means a block of land that does not have the minimum measurements, shape, area or other provisions to comply with the requirements of a planning scheme.

SIMPLY:

There are many Planning Schemes in existence that have different minimum lot requirements. A lot that does not comply in one scheme may comply in another.

HOW WE ASSIST:

We can advise of minimum lot requirements in the location of your choice.

Subdivision Overview

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This document attempts to cover MOST subdivision eventualities. The process therefore appears onerous. It does not necessarily follow the complete path setout below. You have the choice of dealing with certain matters yourself with or without our guidance, or if you so desire, we can handle the whole matter on your behalf.

Firstly, have a look at these links relating to Survey Fees, Terms of Contract and Survey Methology. When you make your first contact, we will give general advice without making any enquires unless simple and undertake what searches we can over the net without cost and give general advice, free of charge. if you require zoning advice and discussions with Councils etc to take place then after you have requested us to proceed we then seek to recover our time and costs. Consultants fees are applicable.

We will look at the subdivision process in general and zero in on various aspects for further clarification. Note that simple single lot subdivisions may not generate some or all of the issues raised below; however some will! What follows therefore is general in nature; in some cases an issue arises that needs special attention and clarification. The text in “quotation” marks & italics is taken from our standard documents forwarded to clients at the time of lodging an application with Council & to solicitors requesting the Schedule of Easements. It is inserted to highlight various aspects of the process. Those subdivisions not requiring Council Approval (a Council permit) will be dealt with later in this brief.

A subdivision requiring Council Approval (a Council permit) tracks the following general path:

Search of Information: The surveyor takes responsibility for utilising the most up to date survey information. Therefore, whilst an owner with a copy of his title or survey information is of assistance in this process, the surveyor must still undertake his own Search of records. This generates a State Government cost that becomes part of time and costs accounted to the client. Search involving plans from the Central Plan Office (CPO) are done by hand by Titles Office staff and generate time costs accordingly. Occasionally search is required that involves a professional search which generates further costs. Council and other records may also be sought.

Discussions & Advice: It is essential to determine from the client ‘what are they trying to achieve’. This seems simple but it is important to know the subdivision envisaged is to: generate cash? reduce maintenance? better amenity? etc. Discussions are held with Council officers in an attempt to be fore-warned of most issues that may arise in the process. This information is then passed onto the client and a determination made whether to proceed with the application or not. Note at this point we are still ‘best guessing’; we will only really know the full issues once we lodge an official application.

Most applications larger than a small number of lots will involve the expertise of a Town Planner. At this time an assessment can be made (but not always; sometimes issues arise later within the process) whether there is a need to involve other consultants to deal with any specific issues. For example, due to a historical problem, any application within the City of Glenorchy must be accompanied by a Geo-technical Report. Any application proposing effluent disposal by means of any system other than a piped sewer, normally requires an independent effluent disposal report. Any application in a Bush Fire prone area will need a BAL Report (Building Attack Level-BAL-relating to Fire Risk).  We recommend that an application is lodged with Council with associated reports only relating to those topics that are clearly essential to allow assessment. Hence the comment below: 

“We advise that even though the proposal complies with Council’s planning for the area, approval is not automatic. Recent experience would indicate that Council’s might also need to be determining the effect on the amenity of the area of the development.

Such matters as overshadowing, useability of private open space, solar access, driveway location, vehicle movements and height and scale of the potential development may need to be considered. (Council could also ask for details of the extent and type of vegetation on proposed lots, details and a report on the landscape and scenic issues of the site, details of waterways on and within the immediate area, including water holes and dams, details of contours on the entire site, a longitudinal section and cross sections of any proposed road, compliance with fire requirements, method of creek or river crossings and the like). Having regards to these matters, we advise that we may receive a request from Council to provide additional information relating. We feel at this time that it is more cost effective to lodge the application without providing such additional information and await feedback from Council. Those areas we feel do need addressing now are detailed. If you wish to address the other matters at this time, would you please advise.”

“You need to be aware that Council does have the power to request a geo-technical assessment to ascertain whether geo-technical matters will affect the development. It is our experience that Council is unlikely to request such a report at this time, however, if you wish the likelihood of such a request to be clarified, you should provide this office with further instructions. If a report is required, you need to be aware that the results of that report may affect the final design and viability of the application.”

“As the application involves the assessment of the land for septic tank suitability, contact should be made at this time with Council’s Senior Environmental Health Surveyor to arrange a mutually acceptable time to meet on site for septic tank assessment. Would you please organise this matter as soon as possible or authorise the undersigned to arrange the assessment on your behalf. It should be noted that Telstra now holds individuals and companies financially liable for negligent and malicious damage caused to Australia’s network of underground cables. “Look Out Below. Dial 1100 Before You Dig” request applies.”

Plan of Subdivision OR Proposal Plan: The preparation of a ‘Subdivision Proposal Plan’. The first plan to the right is a "Plan of Subdivision" OR "Proposal Plan". Note that the preparation of this document may be achieved from: utilizing existing title, council, lands department or office records. However, more often than not it requires a degree of field work, a contour & detail survey, to determine (sometimes accuracy is necessary) locations of house, fences, services, engineering matters, contours and levels. This information is integrated with the above-mentioned title and other records. Note that this field work does not constitute the final title survey, although it may be of assistance at that later stage. Likewise, if a Detail Survey is required then it is often of substantial use later in the process, especially dealing with Permit conditions. As the method of gathering of field data is specific to it’s use, the Proposal Plan will also carry a disclaimer:

“The contours shown on this plan are taken from (the source is inserted here) and are suitable only for the purposes of this application. No reliance should be placed upon such contours other than for the purpose of this application for subdivisional approval. This plan may not be copied unless this note is included. Measurements and areas are subject to survey.”

“We request that you give consideration at this time to any additional rights or easements that you may think need to be created at the time of the final survey to allow full enjoyment of the allotments created. Such rights may relate to access, pipelines, Hydro lines, Telstra lines or drainage patterns or pipes.”

“As the application involves re-development of an existing serviced site, we advise that existing services running through the new lots to be created may need to be removed or easements created to cover same. Council will advise in relation to this matter.”

Lodgment of the Proposal Plan (Plan of Subdivision): The lodgment of the proposal Plan and supporting documents with Council then follows. Most councils require assessment & advertising fees to accompany the application at this time, together with copies of title documents, any associated reports and a Development Application (DA). The DA includes a declaration by the surveyor that the owners of the land are aware of the application and agree with same, together with an authority to allow the general public to ‘look’ at the application documents within council. It is assumed by us that you agree to the above and have viewed our links relating to Survey Fees & our Terms of Contract.

Processing of Application: Council will advertise the application in the ‘local’ press and ask for submissions from any interested parties. The relevant State Act allows a processing time of 6 weeks within Council, within which time they can ask for additional information. The ‘clock’ stops until such information is supplied. We will contact you if such a request is made. Council officers then make a report to council (sometimes, if the application is minor and there are no representations, the officers have delegated power to deal with the matter without going to full council).

Permit (or Refusal): Following Council assessment a Permit or Refusal is issued. This permit has a life span of 2 years (may be extended at Council discretion) or must be “Substantially Commenced” within this time. You do not have to proceed with any permit. If for some reason you have two (or more) valid permits for the same parcel, you can choose which permit to exercise but once commenced on one, the others become invalid. Within the next 14 days Rights of Appeal apply as follows: note you have the same Appeal Rights if a Refusal is given or if you have concerns with any Permit Condition. See the note below:

“Under the current legislation governing subdivisions, you and others have the opportunity to appeal against Council’s decision that may be a result of any submission. Council will request submissions by interested parties at the time of submission (by advertising), and after their decision is made will indicate to you and the public (if submissions were made) the following:

Your attention is directed to your rights of appeal under Sections 61 & 62 of the Land Use Planning and Approvals Act 1993 (as amended), which relates to appeals. These provisions should be consulted directly, but the following provides a guide as to their contents.

Planning Appeals shall be instituted by lodging of a notice of appeal with a Clerk of the Resource Management and Planning Appeal Tribunal .

Planning Appeals shall be instituted within the 14 days of date the corporation who served the notice of the decision on the applicant.”

Permit Conditions: This is a critical point in the subdivision process.

All permit conditions must be completed before council will allow new titles to issue (THAT MEANS EVERY SINGLE CONDITION MUST BE TOTALLY SIGNED OFF TO THEIR SATISFACTION, NOT YOURS!). The Lands Titles Office is not the delay in the process or the Council, it is the subdividor thinking "that will do" in relation to Permit Conditions. The subdividor MUST get every condition signed off in writing that the Council is satisfied. Do not underestimate this process; this can hold you up for weeks, months or even years.

In some circumstances it is possible to lodge a Bond & Guarantee with Council to allow sealing of the survey plan. This process still requires the completion and approval of any engineering design involved, any additional reports required, all legal documents and the completion of the Final Field Survey, surveyors field notes and relating fees. Permit contributions, Headworks Charges , fees & charges must be attended to (in fact the only matters covered by the bond are construction matters). Bonds may be lodged part way through the construction process. Bond amounts are calculated on the outstanding construction cost plus a loading (usually around 25%).

If under a Permit a Part V Agreement is required to be entered into, then the permit does not take effect until the day the agreement is executed.

LUPAA defines ‘agreement’ as an agreement entered into under Part 5 of LUPAA.

 

The effect of these provisions is that a permit does not take effect until after any required Part 5 Agreements have been entered into. Any use or development undertaken in reliance on the permit prior to the Part 5 Agreement being executed may be in breach of the planning scheme.

 

See notes below re council charges; note all these matters may not be applicable to your development:

“Please be aware that the term ‘Council Fees’ within this document refers to those fees charged by Council to assess subdivision proposals. Other charges may be applicable resulting from the assessment of the proposal that form part of the subsequent permit. The developer\instructor is always responsible for all fees and charges generated by this development applied by Council and any other body.

We wish to draw to your attention at this time to the requirements relating to the provision of Public Open Space on proposal plans. Council has the power to refuse an application if no public open space is shown or if public open space as shown on a proposal plan is deemed to be inappropriate. They can also request a contribution in cash reflecting 5% of the value of the new lots created. Accordingly, you should contact the undersigned to discuss your options in relation to the provision of public open space at this time.

Some Council’s do charge a Final Sealing Fee to seal the final survey diagram. Unfortunately this fee is applicable in this Municipality and a cheque made out to Council amounting to $XXX.00 is required.

You will note that this development does not re-develop all of the lands in the titles involved. It is a requirement of the Land Titles Office that this office produce “Balance” plans relating to those portions of the titles not included in the development.

Land Titles Office fees applicable to developments are calculated on the basis of  a fee for a survey plan, plus a fee for every Lot, road lot, open space or other separately described parcel. Accordingly, would you please forward a cheque made out to the Lands Titles Office to cover this fee of $XXX.XX.”  See Fees of the Lands Titles Office

At the time of the issue of the Permit, we meet with the client and ‘go through’ all matters requiring attention before Council will Seal the Final Plan and allow the issue of new titles. Note the Lands Titles Office will only deal with a “Sealed Plan”. We then enter the field and undertake the Final Field Survey, undertake calculations, place survey marks and undertake all other survey matters required under the relevant Acts.

On completion of all Permit Conditions (or lodging of a bond if allowed) the surveyor gathers all outstanding documents ready for lodging both at the Lands Titles Office and the Council. This part of the process is tortuous as many matters must be dealt with, including but not restricted to the Schedule of Easements, the obtaining of a Production Slip, mortgage releases etc. The Schedule of Easements request made to the solicitor is usually in the following format and can include (but not always) matters as follows:

“We enclose a preliminary copy of our Plan of Survey (Final Plan) and request your perusal and comments in relation to same. Please note our Plan of Survey should not be acted upon until acceptance by the Land Titles Office and new titles issued. If our clients Architect, Engineer or similar consultant is to utilise a preliminary copy for design purposes they should be made aware of the above mentioned requirement for acceptance, as last minute amendments quite often occur.

We enclose a copy of Council’s Permit (Approval Letter) relating to this matter, together with a copy of our Plan of Subdivision (Proposal Plan) prepared to achieve the enclosed approval. We draw your attention to any Council requirements that need to be included in the Schedule of Easements and any other matters of a legal nature that, in your opinion, require your input and be of benefit to our mutual client. We consider it appropriate that the Schedule of Easements enclose a clause advising that the vendor be not required to fence.

Drainage Easements shown on our survey plan should be covered by the blanket clause within the Schedule, but if this is not the case, would you please take the appropriate action.

Wayleave Easements are to be created as indicated.

Cable Easements are to be created as indicated.

Pipeline Easements are to be created as indicated.

Existing rights shown on the Title documents are to be carried forward in total.

We refer you to mutual rights shown on our survey plan and confirm that the relevant allotments need to be subject to and together with such rights.

Would you please consult with our mutual client regarding any additional covenants or rights that they may require created within our survey and the Schedule of Easements and advise of any amendments to the survey diagram relating.

Please feel free to add notations to a copy of our survey diagram and return same to this office for amendment to the original so that such document reflects your Schedule of Easements.

You will note that Council require transfers to be endorsed and lodged with them in relation to all roads and public open space areas and that such transfers need to be produced prior to sealing of our final survey plan.

Service Easements are to be created as indicated.

You will note that our application is adhering portions together by means of Adhesion Order. At the same time of preparing the necessary Schedule of Easements, would you please prepare the relating Adhesion Order and return same to this office with the Schedule.

You will note that easements are to be amended as created by a previous sealed plan. It will be necessary to prepare a Petition to Amend relating to these easements and it would be appreciated if you could commence preparation of same.

You will note that a Parking Easement is envisaged for one or more of the lots shown on our plan. Your advice in relation to a suitable endorsement to be added to my plan is requested. It is appreciated that clarification may be necessary from the Lands Titles Office in relation to this matter.

When returning the Schedule of Easements, would you please enclose Production Slips relating to lodgment of all titles involved with the development at the Land Titles Office.

As the land in question is of General Law origin, we request you take into consideration the possibility of easements that may not be recorded in the original servient land, but were recorded in the deeds to the dominant land. We refer you to a recent case Parramore v. Duggan (1996) 70 ALJR 1.

We draw to your attention that easements are being created in favour of the balance lands. As the blanket clause within the Schedule does not cover parcels not shown as lots on our survey plan, it will be necessary for you to specifically refer to these easements within the main body of the Schedule.

You will note that a condition of Councils Approval is to enter into an agreement under Part 5 of the Land Use Planning & Approvals Act 1993. Registration of the agreement may take up to 2 months to finalise. Would you please prepare the necessary documentation to accommodate Council’s requirements as defined by Conditions of Approval.

Eaves Easements are to be created as indicated. Our previous experience with the interpretation of a eaves easement is as follows: "Easement of Eaves" means the right of the owners and occupiers for the time being of the dominant tenement to have eaves projecting or overhanging that portion of lot 'x' marked 'w''x''y''z' on the plan, and includes the right to enter in and upon the land for the purposes of repairing and maintaining such eaves at all times with or without workmen and making good any damage thereto occasioned by such entry in use.

Building Envelopes are to be created as indicated by the dashed lines on our plan.”

Costs: This question is the most difficult to answer, especially before a Permit is obtained and is still somewhat unknown before the Final Survey is commenced. When one considers the costs below, it is apparent that Survey Fees are but a small part of any subdivision cost, even a one lot subdivision.

Let us use the Council Development Application Fees (usually around $800) and the Lands Titles Office fees (usually around $1000) as a base unit (say $2000).

A simple permit condition of a street x-over could easily cost 3x this unit.

A water, sewer or stormwater connection could cost 1x this unit, for the break into the main alone, let alone the cost per metre of pipe to the development site itself.

A Manhole could cost 3x this unit.

Public Open Space Contribution could cost 3x and quiet easily 8x this unit.

Survey Fees could cost 2x and upwards of this unit. Please ensure that you have read our notes on Survey Fees, Boundary Redefinition & Survey Methodology via this link.

Engineering design costs could cost 2x and upwards of this unit.

Reports by other consultants could cost 2x and upwards.

Planning Appeals cost $50 to lodge and anywhere from 1x upwards for each consultant.

Council Headworks costs are normally in excess of 1x this unit per lot created.

Having said the above, once the extent of the application is known then a general ‘feeling’ of costs can be given (not including appeal costs).

Once a permit is granted, then costings can be estimated more accurately (subject to those comments within our notes on Survey Fees concerning Boundary Redefinition & Survey Methodology). 

Plan of Survey, Plan Sealing & Titles: The completion of Permit Conditions and Survey Documentation allows the Survey Plan (Plan of Survey..see the second plan above and note that both plans reflect the same land, one prepared before Title Survey work and the other AFTER Title Survey field work) to proceed to Council & the Lands Titles Office for issue of new titles. Again the tortuous path here is ‘getting through’ the council and obtaining a Seal on the survey plan. All sections of Council must sign off on their own respective responsibilities, particularly planning, health & engineering. Further, the Water Authority (now TasWater) now play a big part in the Final Approval process, requiring a full As Constructed Survey of all new features + a plan relating. These regulations were upgraded in 2013 and have become quite onerous.  They will be especially interested in ensuring that all permit conditions have been satisfied. This is the last opportunity for Council to ensure compliance with Permit Conditions and the intent of the Permit.

Once the plan is sealed it proceeds to the Titles Office and provided all the legals and survey information is available new titles will issue, in the name that the original title was held.

Other Forms of Subdivision: there are other forms of subdivision that exist that are not as common. Strata Subdivision is the most common, followed by the resurrection of old Grant Lots . These are tricky areas requiring expert individual advice. Please contact relating. 

Subject to Finance

Subject to Finance: A condition usually inserted into a contract, usually for the benefit of the purchaser. This then makes the offer subject to the purchasers confirming that they have raised finance within a certain period of time. 

Substantial Commencement

Substantial Commencement: Is a term used by Councils to reflect whether a Permit is still valid. Permits last for 2 years generally but do extend provided there has been ‘Substantial Commencement’ of the Permit conditions. This usually means that in additional to survey and engineering work being done, actual construction must be commenced on the site.

SIMPLY:

It means that one must commence survey and engineering design no later than 18 months into the permit, depending on the size of the development.

HOW WE ASSIST:

We can advise a suitable time frame relating to your development  

Sum Insured

Sum Insured: An amount which represents the total liability payable under an insurance policy by the Insurance Company. 

Survey Marks

glossary image: 

Survey Marks: are those marks placed by a surveyor to help define the boundaries or corners of a nominated parcel of land. A surveyors field notes define those marks placed in the course of the survey. Corners are usually marked by white painted wooden pegs of dimension 80mm x 80mm by a length of 380mm. However, in some circumstances they can also be defined by ‘Spring Head’ nails (SHs) [see photo to the right], steel ‘star fence droppers’ (stars), steel ‘bridge spikes’ (spike or spk) or a rod or steel bar (bar). Generally if the need arises any method of marking is undertaken and the form noted in the field notes. Surveyors often use brightly coloured ‘flagging’ tape to help identify survey matters of significance, as shown around this SH Nail in OPost. The second picture shows a Black Steel Star at the base of a silver fence dropper; the black steel star is the survey mark.

To make matters more confusing, surveyors use the same type of marks as ‘arbitrary’ survey stations and reference marks. They have a definite relationship to the boundaries as defined in the surveyors field notes but without the surveyors ‘skill’ are of little use to the layperson. The trap is if they are mistaken for a boundary corner mark.

SIMPLY:

Any type of mark may have been used to define your boundary corner. Be aware that a mark found may be a reference mark and not a corner. Surveyors field notes define the mark used.

HOW WE ASSIST:

As surveyors we understand surveyors field notes and can help identify the marks placed to define your boundary corner.

Contact us for advice in relation to these matters. 

Survey Notes

glossary image: 

Survey Notes: mean the details forming part of a plan that show the boundary evidence the land surveyor found on the ground, the method used and the survey marks placed to carry out and complete a survey for land title purposes.

SIMPLY:

When a surveyor undertakes a land survey he prepares field notes of his work and how he has formed his opinion of the boundaries. These notes are registered at the Lands Titles Office for future use by others (just as we today are utilising the field notes of those before us). They need to be of sufficient drafting standard to be scanned and carry such clarity that no ambiguity exists. They are also mathematically checked by the surveyor before lodgement and in most cases checked again at the Lands Titles Office. It is for this reason that a surveyors responsibility does not end in the field; there is for office work to be undertaken to register his work.

HOW WE ASSIST:

Field Notes or Survey Notes are usually NOT drawn to scale. They are sketch notes and indicate bearings and distances. The bearings are rarely magnetic and the distances can be, depending on the age of the notes, in links & chains, feet and decimal feet or metres. We can interpret fieldnotes if required to assist you with understanding your title.

Service Easement

glossary image: 

Service Easement: is an easement created to allow the legal right to lay and maintain drains, pipes, cables etc; it is a multi purpose easement: A Service Easement is added to the Final Survey Plan (see lot 5 adjoining) and is described in the Schedule of Easements as follows:

“SERVICE EASEMENT” means the full and free right and liberty for the proprietor of the dominant tenement, (NAME) Council, Tasmanian Water and Sewerage Corporation (Southern Region) Pty Limited, Telstra Corporation Limited, Aurora Energy Pty Ltd and the Crown its agents and contractors to enter upon the land marked "Right of Way (Private) & Service Easement 4.00 Wide on the plan to lay, inspect, maintain, repair and amend water mains, pipes, pumps, drains, mains, channels, gutters, sewers, wires, cables and other conducting media along and under the surface of the land, provided that the rights granted are exercised in a proper manner so as to cause as little inconvenience as possible and to do as little damage as practicable to the said land."

Survey

Survey: The process in modern terms of undertaking measurements to derive 'x' & 'y' co-ordinates on Map Grid of Australia Datum to allow future redifinition of boundaries and easements relating to a specific parcel of land, followed by the preparation of a plan and surveyors field notes in accordance with the Land Surveyors By-Laws to depict the survey and the survey methodology.

 

SIMPLY: The 'mapping' of a parcel of land utilising modern equipment such as a Robotic Theodolie and differential GPS to measure the shape of a parcel of land and describe same utilising bearings, distances and co-ordinates, together with the relationship of referenced corners to physical features reporting types of occupations and ages, origin of survey marks found and survey methodology relating to how the surveyor arrived at his opinion of the boundaries relating.

Seal

Seal: The act of a Council finally approving a plan of survey and physically stamping it with a 'Seal', as in historical records.

Schedule 2

Schedule 2: of a Torrens title refers to the Easements, Fencing Conditions and any Crown Reservations and Conditions relating. The Crown Reservations and Conditions in a crown grant usually refer to the land being limited in depth to 15 metres and excluding all precious minerals, etc.

SPM or State Permanent Mark

SPM or State Permanent Mark

See also Map Grid of Australia (MGA)

The Survey Control Marks Database (SurCoM) contains positional, height and other information, relating to Survey Control Marks located at Survey Control Sites in Tasmania.

http://surcom.dpiw.tas.gov.au/surcom/jsp/login/index.jsp

from here you can

  • Search for information using a Mark or Site ID, or a defined area of interest;
  • Display and obtain Site Summaries for marks in a defined area of interest using LISTMap;
  • Download a Basic Mark Report that lists all of the Marks for which survey accurate coordinates and/or heights are currently available; or
  • View the SurCoM User Instructions.

 

Copyright The Geospatial Infrastructure Branch (GIB) - incorporating the Office of the Surveyor General - develops and implements policy, standards, systems and programs in the areas of cadastral survey, geodetic survey, spatial data and survey-related legislation. 

http://dpipwe.tas.gov.au/land-property-titles/geospatial-infrastructure-...

The Hobart City Council established similar marks within the city boundaries. Their MGA co-ords are found here (copyright Hobart City Council):

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