Caveat emptor and your piece of Australia
An update on Lines in Space pdf
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.
- A rural property purchaser, shown on the ground, a significantly incorrect property boundary location.
- 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.
A proposed land and property purchaser may be advised by their legal representative, to obtain a survey from a NSW Registered Land Surveyor, before sale finalisation. The purchaser declines this recommendation, possibly on the basis of cost. Subsequently, a notation of the purchaser’s response refusal is made on the contract sale documentation, by the legal representative. Post sale completion, should a major defect be found regarding land boundaries and / or the location of property improvements, who then carries this liability ?
Where a land boundary survey is undertaken affecting interests in land, e.g. easements, restriction (s) on use of land, right of way, and lodged with the NSW Registrar General, on registration of the plan of survey, it is prudent to check the new issued land titles, to confirm that the affecting interests are noted in the notations section of the Certificates of Title. A manager gets what he or she inspects, not what they expect. Accordingly, never assume, always check.
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.
NEW SOUTH WALES NORTHERN RIVERS REGION - AUSTRALIA
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