April 4, 2010
A proposed real estate purchase, be it vacant land or property with building improvements, can sometimes be a daunting task. A myriad of issues are required to be considered. Caveat emptor, let the buyer beware, applies in a property transaction.
From this Land Surveyor’s perspective, fundamental to a proposed property transaction, is an understanding of the limits of actual land ownership i.e. the land parcel boundaries and associated impacts, if any, upon the land itself.
In New South Wales, the cornerstone document is the Certificate of Title attached to the subject land. Primary essential information is set out in the title document.
The type of land boundary related defects, revealed by field survey investigation, in my recent experience, have included the following :
- Urban and rural fencing not correctly located to land boundaries.
- Encroachment of building structures upon adjoining lands, public roads and easements.
- Encroachment of building structures on an unconstructed Crown road reserve within the subject property.
- Building structures not located within the designated building envelope and not in accordance with the restriction(s) on the use of land as described in the Section 88B Instrument.
- Property has no legal access or legal access via an unconstructed Crown road, but practical access over adjoining land without an easement.
- Practical access is not within the designated easement for a right of carriage way.
- Constructed road access is not within the public road reserve and encroaches upon the adjoining property.
- In a worst case scenario, all building improvements were located on the wrong land parcel.
An explanation of the above land related terminology may be found in a glossary provided by the New South Wales Land and Property Management Authority (NSW LPMA).
Should you have any land boundary or title concerns with a proposed real estate purchase or your existing property, I offer, as an experienced New South Wales Registered Land Surveyor, personal professional service and expert friendly advice.
Please visit my website for contact details.
March 26, 2010
” The subject land forms one of the most important landscape features of the Shire.”
p 100, Report to the Council of the Shire of Byron – February 1987, Office of the Commissioners of Enquiry for Environment and Planning.
Protection measures for escarpment lands in the New South Wales Byron Shire were created with the establishment of the Byron Local Environment Plan in the year 1988.
The rationale for the 7 (d) Scenic / Escarpment Protection Zone was detailed in the publication, Byron Bay Local Environmental Study, Byron Shire Council 1981. This study identifies the Coorabell / Ewingsdale escarpment lands as regional prominent landscapes.” Important vistas and landscape features are to be protected. p 16….. Lands such as the escarpment lands behind Byron Bay were identified as being of prime landscape value and stringent planning controls were recommended to be applied here. p 19 “
The Byron Shire Draft Local Environment Plan, 1986, states with respect to the Scenic / Escarpment Zone that “the major objective of this Zone is to protect and enhance areas of major scenic quality in the Shire.”
As evidenced by current site modifications on protected escarpment lands, policies introduced more than twenty years ago have now become watered-down, with detrimental effects to the escarpment environment. Perhaps the Byron Shire Council should take charge and demonstrate that it is serious about the environmental management of sensitive escarpment lands.
original publications covers
March 10, 2010
One cannot help but notice the visual impact of new development on the face of the escarpment in the Coorabell locality in the New South Wales Byron Shire.
Access roads crisscrossing the escarpment face and building structures that stand out and cannot go un-noticed. These infrastructures are located on environmentally sensitive lands, that are supposed to be protected by existing land use planning legislation. Much much more care should have been taken in their placement.
It seems that this type of development is now becoming the norm, with little or no restraint action being taken by the regulatory authorities. Over the years I have made representation to Local Government and relevant Government Agencies, generally receiving inadequate responses.
If the local government authority is not prepared to uphold its own planning policy in the Coorabell Escarpment locality, being a 7 (d) Scenic / Escarpment Protection Zone, then the proper protection of environmentally sensitive lands is lost now, and to future generations.
The Land Surveyor has always had a close relationship with the land. Associated with my work, at least, are accepted responsibilities in the consideration of social and environmental consequences which may impact upon the land.
Be informed, it is all too late when the noise of the earthmoving machinery is heard.
11 March 2010 update – In response to requests, example photographs are provided. Left click to enlarge photos.
Taken from Myocum Road 2 October 2008
Taken from Myocum Road 9 March 2010
Taken from Kennedys Lane 16 October 2009
Taken from Kennedys Lane 9 March 2010
