The Real Property Act 1900 clearly envisages accurate survey plans as the basis for reliable title to land. Section 195F (1) and (2) Conveyancing Act 1919 sets out the Registrar General's duty to ensure the correctness of parcel boundaries.
The Registrar General is authorised to require lodgment of a plan of survey at any time. It is therefore expected that all new subdivision lines will be established by survey, however, in certain circumstances acceptance of a compiled plan or partial survey may be granted by the Registrar General as a special concession.
A written request to dispense with a survey should be directed to the NSW LRS Plan and Title Advisor. The request will only be considered where strict adoption of a full survey would cause undue hardship and/or unwarranted cost. It should contain the identity of the current parcel(s), a sketch plan depicting the proposal and, if available, copies of all relevant plans.
Where written approval for a compiled plan is given by the Plan and Title Advisor the surveyor should record the approval file number below the surveyors reference.
Compiled easement plans define by compilation, from plans on public record, the site(s) of new easements.
Compiled subdivision plans require the prior written approval of the Plan and Title Advisor.
Compiled consolidation plans that consolidate two or more parcels into one new parcel may be compiled provided specified criteria is adhered to.
Partial survey plans will be accepted where the cost of a full survey is prohibitive and the integrity of the cadastre as to the remaining parcel boundary definition can be maintained by compilation from plans on public record.
Compiled residue lots the boundaries of a residue parcel after survey of a new lot(s) may be compiled provided specific criteria is adhered to.
Areas in compiled plans must be calculated from the information in the plan and should not be derived from an approximate or rounded out imperial area shown in a prior plan.
Go to NSW Legislation website www.legislation.nsw.gov.au/