Robert Prikulis ~ Registered Land Surveyor ~ Journal Blog

My comments apply to land survey practice law in the State of New South Wales. My Land Surveyor’s perspective checklist is a good starting place for your pre-purchase property investigation. It is based on my local experience as a practising Land Surveyor in the Byron Bay, Bangalow and Mullumbimby rural hinterland. This introductory checklist is not exhaustive, but rather includes, and is not limited to, my following key points, which are not necessarily in order.

• Closely examine the computer folio of the Certificate of Title ( CT ) of the subject property. Understand the meaning and impact of any notations described in the second schedule of the Certificate.  If relevant, understand the impact of a Limited Title.

• Appurtenant to the aforesaid point, determine the land tenure or land status of the parcel of land being considered for purchase.  Understand whether the property is a straight-out, unencumbered freehold land parcel, or a purchase of an interest of a Multiple Occupancy ( MO ) arrangement, or a rural Community Title lot, which is subject to a management statement/plan, as detailed on the notations of the Certificate of Title ( CT ).  The impacts of this management statement should be clearly understood.

• View the Deposited Plan of Survey ( DP ) of the subject land parcel.  Identify the subject lot land boundaries within the DP.  Establish whether the subject lot in the DP is a full land survey or a compiled plan.  A statement in the first schedule of the CT,  ” formerly known as Portion – “, indicates a Crown Plan ( CP ) with an associated CP number.

• Determine the last sale price and date, for the subject land, from the transfer dealing number, as shown in the first schedule of the Certificate of Title.

• Compare the subject property asking price to the current replacement cost of all existing building and utility servicing structures, together with landscaping, separated from the land price only component.

• Sight the location of any existing easements within the subject land in the DP.  Correlate any easements, with notations in the second schedule, of the Certificate of Title.  Understand the impact of  any restriction(s) on the use of land.

• Google the property street address to view aerial imagery.  Inspect the property on the ground.

• Know the property land use zoning and the associated full implications of that zoning ( see LEP ).  Assess the relevance of Council’s Development Control Plan ( DCP ), if any, to the subject property. Until the new draft Byron LEP is implemented, the Byron LEP 1988 is the current legal planning instrument.

• Check that a Development Application ( DA ) to Council, if any, over the subject property, has been formerly refused, or is in the current process of being determined.  Is the property subject to the fulfillment of DA consent conditions to Council, or under any Council orders.

• Establish the existence and location of any un-constructed Crown Roads within the subject land, and which are not part of the subject lot.

• Ascertain that existing property perimeter rural fencing is correctly erected on lot land boundaries.

• Check that the subject lot, if vacant, has a building entitlement.

• Establish which parts of the subject property, if any, are flood or landslip prone.

• Identify if the property location and access is bushfire prone and subject to bushfire hazard risk management impacts.

• Confirm that existing building structures are within the subject land and do not encroach upon adjoining lands, roads or easements.

• Ascertain that there are no encroachments upon the subject property by buildings on adjoining lands, or constructed roads.

• Are existing building structures lawful and approved by the Local Government Authority.

• Establish with certainty, that a proposed building site stands within the subject vacant lot, and without any Crown Roads.

• If applicable, confirm that existing buildings are contained within a designated building envelope within the subject lot.  If vacant land, ascertain on the ground, the location of the building envelope.

• Know the direction of true north, within the subject land parcel, on the ground.

• Clarify the availability and installation costs of utility services, if required.  Confirm the quality of mobile phone and digital TV reception, and high speed broadband internet connection.

• On a rural property purchase it is conditional on the new owner to obtain from Council an Approval to operate an on-site sewage management system for the existing septic.  A prudent purchaser should obtain a plumber’s report prior to commitment.

• Obtain an Identification Survey and/or have relevant land boundaries surveyed and marked on the ground.

• Does the subject property have legal access.  Are existing access driveways physically located within the property lot, road reserve, or within a designated right of carriageway envelope.

If a prospective purchaser is not permitted or obstructed in pursuing any line of enquiry, concerning the property details, to their satisfaction, then this may indicate potential problems post property purchase.  Accordingly, one should be fully aware of the possible impact consequences of not obtaining clarity prior to property securement.

Further supporting information may be found in my Journal Blog article titled  ~  Caveat Emptor and your piece of Australia and associated PDF, Lines in Space.

In the interest of providing a counter balance, see my Journal posting Vendors sale checklist for Byron Bay rural hinterland property.

Should you have any enquiries concerning land boundary investigation in the Byron, Bangalow and Mullumbimby rural 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

BYRON BAY – BANGALOW – MULLUMBIMBY – BRUNSWICK HEADS – WATEGOS  BEACH – ST. HELENA – OCEAN SHORES – SUFFOLK PARK – FEDERAL – WILSONS CREEK – BALLINA – LISMORE – TWEED HEADS – MURWILLUMBAH – LENNOX HEAD – TINTENBAR – CLUNES – BEXHILL – COORABELL – POSSUM CREEK – MYOCUM – EWINGSDALE – WANGANUI – GOONENGERRY – COOPERS SHOOT – EUREKA – MAIN ARM – CRABBES CREEK – YELGUN – CASINO – NIMBIN – BURRINGBAR – UKI – BILLINUDGEL – POTTSVILLE – WOLLONGBAR – ALSTONVILLE – MOOBALL – KYOGLE – HUONBROOK – NASHUA

Please visit my website for contact details.

An explanation of the above  land related terminology, may be found in a glossary provided  by the New South Wales Land and Property Information ( NSW LPI ), Registrar General’s Directions.

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