On 11 October 2021, the Real Property Amendment (Certificates of Title) Act 2021 commenced, which abolished the Certificates of Title (CTs) and the control of the right to deal (CoRD) framework. All existing CTs have been cancelled and CTs will no longer be issued. Existing CTs will not need to be produced, and CoRD holder consent will not be required, for a dealing or plan to be registered. All existing Guidelines subject to this change are currently being reviewed and will be updated to reflect these changes. For further information regarding the abolition of CTs, please see https://www.registrargeneral.nsw.gov.au/property-and-conveyancing/eConveyancing/abolition-of-certificates-of-title

Boundary and reference marks

Marking the survey

All surveys, other than those conducted under clause 9 Surveying and Spatial Information Regulation 2017, must be marked, as appropriate, on the ground by bench marks, boundary marks, reference marks and permanent survey marks. The nature of these marks is specified in Schedules 1 to 4 Surveying and Spatial Information Regulation 2017.

NOTE: For permanent survey marks refer to the Permanent survey marks page. For bench marks refer to the Definition of stratum boundaries page.

Boundary marks

A boundary mark by definition means a survey mark of the kind referred to in Schedule 2 Surveying and Spatial Information Regulation 2017.

Clause 28 Surveying and Spatial Information Regulation 2017 provides the requirements for placing boundary marks in a survey, as summarised below:

  • if a plan defines parcel boundaries, the corners of those boundaries must be marked with boundary marks unless it is not possible as provided for in clause 28(3) Surveying and Spatial Information Regulation 2017

  • the position of these marks must be shown on the plan of survey by using the symbol shown in Schedule 5 Surveying and Spatial Information Regulation 2017

  • if the mark is a peg as described in Schedule 2 Surveying and Spatial Information Regulation 2017, then no further details are required

  • if the mark is not a peg the surveyor must indicate the nature of the mark. See clause 35 Surveying and Spatial Information Regulation 2017

  • if it is not possible to place a boundary mark:

    • a reference mark must be placed and a note provided indicating that the corner was not marked and why or

    • if the corner is within the material of a structure without an accessible surface for marking, the corner may be left unmarked and shown by an “obstructed boundary corner” symbol as depicted in Schedule 5 Surveying and Spatial Information Regulation 2017

  • if the corner is liable to be subject to erosion because of a water boundary the mark should be placed on the side boundary, at a safe distance from the corner and the distance to the corner shown on the plan

  • in a rural survey, if a boundary is unfenced, pegs and lockspits must be placed at intervals along the boundary as required by clause 28(5) Surveying and Spatial Information Regulation 2017

  • in a rural survey, if a fence post is on the corner and a reference mark is placed the plan should indicate “Fence Post on Corner” and a boundary mark is not required. 

Reference marks

A reference mark by definition means a survey mark of the kind referred to in Schedule 3 Surveying and Spatial Information Regulation 2017.

Clause 62 Surveying and Spatial Information Regulation 2017 provides that a reference mark must not be referenced to more than 1 point on a plan and the distance from the mark to the referenced corner must not be more than 30 metres.

NOTE: Clause 29(4) Surveying and Spatial Information Regulation 2017 allows for an urban survey to reference a mark to a second point if that point is the extremity of the land and the mark is less than 10 metres from the extremity.

A reference mark: 

  • must be shown on the plan of survey by using the symbol shown in Schedule 5 Surveying and Spatial Information Regulation 2017

  • must be placed in a position where it is unlikely to be disturbed and remote from the point which it references, see clause 36 Surveying and Spatial Information Regulation 2017

  • must be shown at the corner which it references not at the actual position of the mark. The symbol must be noted with the following details: 

    • the prefix “RM”

    • the nature of the mark e.g. DH&W (Drill Hole and Wing), GIP (Galvanized iron Pipe) etc.

    • the bearing and distance from the mark to the corner

    • the status of the mark e.g. Found, Not Found, Gone, Disturbed, By Me (if the mark has been re-referenced) etc. If the mark has been placed it is not required to show a status and 

    • the plan of origin where applicable. The plan of origin is the plan which placed the mark or a plan that re-referenced the mark

  • If the mark is found or placed at a depth more than 150mm below the existing surface, show the depth in metres.

NOTE: If a permanent survey mark is used as a reference mark the plan should show, in addition to the reference mark symbol at the corner, the actual position of the permanent survey mark using the appropriate symbol from Schedule 5.

Where a reference mark is being used as the terminal of a datum line and is not referenced to a corner, a reference mark symbol must be shown at the position of the mark and noted with the nature of the mark e.g. DH&W, GIP etc. The notation should not include the “RM” prefix.

Urban Surveys

For an urban survey (except a survey referred to in clause 18 Surveying and Spatial Information Regulation 2017 ) reference marks are required by clause 29 Surveying and Spatial Information Regulation 2017 as follows:

  • if the land abuts a road, at each extremity of the land surveyed, including the junction or intersection of roads

  • if a road frontage exceeds 100 metres and there are intervening side boundaries, further reference marks must be placed at intervals of 100 metres or less

  • if an existing reference mark is within 10 metres of the extremity that mark may be referenced to the extremity as indicated by clause 29(4) Surveying and Spatial Information Regulation 2017. An example of how to show this is provided in section 3.17 Surveyor-General’s Direction No.7

  • if the plan does not abut a road there must be at least two reference marks

  • if the nature of a reference mark is a “Specific Point” and the corner abuts a road an additional reference mark must be placed within the road corridor, see Schedule 3 Surveying and Spatial Information Regulation 2017

  • see Roads information below. 

Rural Surveys

For a rural survey (except a survey referred to in clause 18 Surveying and Spatial Information Regulation 2017 ), two reference marks are required for each parcel shown on the plan in accordance with clause 30 Surveying and Spatial Information Regulation 2017.

Further to this, reference marks will also be required in the following circumstances:  

  • if the land is partially surveyed, at each terminal of each section surveyed

  • if a boundary, which is not a road frontage, exceeds 2,400 metres (whether or not it contains 1 or more bends), marks must be placed along that boundary at intervals of not more than 1,500 metres 

  • if the land abuts a road at the extremities of the land surveyed 

  • if the land is at a road intersection, at the intersection

  • if the nature of a reference mark is a “Specific Point” and the corner abuts a road an additional reference mark must be placed within the road corridor, see Schedule 3 Surveying and Spatial Information Regulation 2017

  • if the land has a frontage to a stream, which is greater than 500 metres, so as to refer to the intersection of each side boundary and the stream bank 

  • see Roads information below. 

Roads

Clause 31 Surveying and Spatial Information Regulation 2017 applies to a survey for the purpose of creating, redefining or widening of a road under any Act. The clause requires the placement of reference marks which must be shown on the plan as described below.

If a reference mark consists of a drill hole and wing, clause 31(5) Surveying and Spatial Information Regulation 2017 requires that there must be 2 such marks.

If a road being created joins or intersects and existing road and reference marks have been placed in that road, clause 31(7) Surveying and Spatial Information Regulation 2017 requires that the existing reference marks be connected to the new reference marks.

For urban surveys reference marks must be placed:

  • at the terminals of the road

  • at the junction or intersection of roads. If the corner is cut off or rounded off the mark may be referenced to either end of the base line of the triangle, a tangent point or to the point of intersection of the road boundaries

  • if the road is variable in width, with connections made to both sides of the road

  • so as to refer to each angle of the road and to each tangent point or terminal of a series of chords of a regular curve in the road. However, it is not required to place a reference mark within 30 metres of another reference mark.

For rural surveys reference marks must be placed:

  • at the terminals of the road and each junction or intersection with any other roads

  • in pairs suitable for orientation purposes throughout the whole length of the road

  • so the distance between any 2 successive marks does not exceed 1,000 metres. 

Easements and Affecting Interests

Clause 18 Surveying and Spatial Information Regulation 2017 applies to a survey for the purpose of creating affecting interests. This information is in regard to a plan which is solely for the definition of affecting interests (including proposed affecting interests) or if the affecting interest is over land which is outside of a lot in the plan.
Affecting interests are defined in Clause 5 of the Surveying and Spatial Information Regulation 2017 to mean:

  • easements

  • profits à prendre

  • restrictions on the use of land

  • positive covenants.

Clause 18(5) indicates the requirements for reference marks relative to the sites of affecting interests defined in the plan, set out as follows:

  • when the site of an affecting interest is up to and including 200 metres in length a reference mark is required at one terminal

  • when the site of an affecting interest is more than 200 metres in length a reference mark is required at each terminal

  • additional reference marks are required at intervals along the site of not greater than: 
    • ​500 metres for urban surveys 
    • 1,000 metres for rural survey. 

All NSW legislation can be accessed at www.legislation.nsw.gov.au/