Comments on limited land title in a NSW Crown road purchase.
Considerations of the impact of a limited land title, based upon a compiled plan of survey , in the proposed closure and purchase of an existing Crown Road, as applicable to the Bangalow, Byron Bay and Mullumbimby rural hinterland.
The NSW Government regulatory authority which administers Crown roads and the conversion of Crown roads to freehold, is currently known as the Department of Primary Industries – Crown Lands Division, formerly part of the NSW Land and Property Management Authority, ( LPMA ).
The creation of land title for the sale of part of a Crown road requires an acceptable plan of survey, referred to as the title diagram, to clearly delineate perimeter land boundaries and land area being purchased.
A successful applicant in the proposed closure and purchase of a Crown road, and dependent upon existing land status, may be offered the option that a compiled plan of survey for the road closure be undertaken by the Department, subject to meeting the requirements of the Registrar General’s Directions, NSW Land and Property Information ( LPI ).
Compiled plan or full survey by a NSW Registered Land Surveyor ?
The acceptance of this compiled plan option may represent a cost saving to the applicant initially, but also means that no field land survey is undertaken, and that no Crown road boundaries are marked on the ground. The relationship of existing features on the ground, related to land boundaries, are not known in a compilation plan of survey. Additionally, specific limitations are placed on the issued land title, reflecting the use of a compiled plan, which burden upon the newly registered proprietor of an estate in fee simple. For an example and noted below, see notation 2 in the Second Schedule of an extract from a recent NSW Certificate of Title for a Crown road closure, based on a compilation survey.
Exclusive of the actual land purchase price, the Departmental compiled road closure plan cost represents about 10% of the combined total of LPI lodgement and Crown Lands fees for a proposed road closure and purchase. In my opinion, the fee for a Departmental Crown road closure compilation plan only, bears no relation to the reality of existing land survey costs incurred in the field survey and preparation of a plan of survey for a Crown road closure, by a NSW Registered Land Surveyor, to meet the mandatory requirements of the NSW LPI.
What actually is a compiled plan of land survey
Reliable title to land is anchored to an accurate plan of survey, resulting in the correctness of land parcel boundaries on the ground. As a special concession, the Registrar General may accept a compiled plan of survey.
A compiled plan is a plan of land survey, where some or all of the shown boundary measurements have been adopted from previous survey plan information, without any further survey on the ground. This compilation process is undertaken in the office and does not involve field survey investigation or the marking of land boundaries. The location of existing fencing and physical access to land boundaries, is not shown in a compiled plan. The use of old or unreliable plans of survey, or survey plans subject to limited title, in the preparation of a compiled plan, is unacceptable to the Registrar General, and a full survey will be requested.
Compiled plan of road closure and limited land title cautionary disclaimer
Where a compiled road closure plan has been used as a title diagram, NSW LPI will issue a limited title stating that ” The boundaries of the land comprised herein have not been investigated by the Registrar General “, reflecting uncertainty in actual land boundary locations on the ground and indicating that land boundaries are not guaranteed. For the land purchaser, in this instance, the rule of caveat emptor applies.
A remark land boundary survey only of part, or all, of a compiled Crown road closure, will not remove a limitation on land title. A full formal plan of survey is required. This limitation on land title can only be removed by the lodgement to NSW LPI of a full formal plan of survey, being necessary field survey and associated plan preparation, undertaken by a Registered Land Surveyor, in accordance with the Registrar General’s Directions and the NSW Surveying and Spatial Information Regulation 2006. The landowner is responsible for land survey costs and additional Departmental administrative lodgement fees.
An independent viewpoint on the use of limited title ~ impacting upon the NSW Aboriginal Land Council
FACT SHEET #5: What is limited title? NSW Aboriginal Land Council ( NSWALC ) ” In short limited title means land is being returned to Aboriginal people without any completed surveying work. The limitation will not be removed from the title until the land is surveyed. This means LALCs are responsible for undertaking that work, which could cost hundreds of thousands of dollars depending on the size of the land parcel in question “.
” The issue of limited title is fast becoming a major stumbling block for LALCs and NSWALC alike and one that jeopardises the economic potential of Land Rights.The process essentially ensures LALCs become unwilling heirs to immeasurable debt – as claimed land is handed back to LALCs without necessary surveying work being conducted. This results in poorly resourced LALCs being left to fund surveying work that can cost, in some cases, up to ( see letter ) dollars – depending of course on the size of the land. In some cases, the survey required could even outstrip the value of the land.”
Should you have any enquiries concerning Crown road investigation or survey in the Bangalow, Byron Bay or Mullumbimby hinterland, I offer as an experienced New South Wales Registered Land Surveyor, personal professional service and expert friendly advice, leading to successful client outcomes.
NEW SOUTH WALES NORTHERN RIVERS REGION - AUSTRALIA
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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).
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