Every deposited plan of survey shall contain sufficient information to indicate that the external boundaries have been properly established and do not include any part of adjoining properties or roads.
Existing roads should be redefined in accordance with cls.42(2), 28, 29(6), 31 and 39 Surveying and Spatial Information Regulation 2012.
Roads partitioning a lot into separate parcels
When re-defining existing roads which partition a lot into two or more parcels:
- Where either side of the road is defined by a firm unbroken line or lines, the unbroken line(s) must be fully dimensioned and:
- vinculums must be shown between the separate parts of the lot, or
- each separate part must be identified as 'Part Lot'.
- Where both sides of the road are defined by broken lines, either side may be dimensioned (not obligatory) and vinculums used to join separate parts of the lot (not obligatory).
Any alteration to the manner in which a road was defined in an original plan bearing the consent of the local council will require the re-acceptance of the certifying authority, whether or not the amendment was:
- required to comply with NSW LRS standard policies and practices
- requested by the original surveyor, or
- requested by any other person.
Right to show frontage for deposited plans registered after 1919, those registered before 1920, for roads provided in a Crown subdivision and roads shown in O'Halloran Estate plans.
Deviation from original surveyed position where the definition of an existing road in a new plan differs from the original survey, it may be necessary to obtain a consent to the new definition from the relevant roads authority.
Claims to centre line of road (Ad Medium Filum Viae) where there is a presumption (or rule of construction) that a conveyance of land bounded by a road will include half the road "usque ad medium filum viae".
Act 4 William IV No.11 roads was the first statute to authorise the Government to make, alter and improve roads in the Colony through private freeholds.