Determination of title boundary
NOTE: All statutory declarations and evidence that are lodged in support of land dealings will be treated as publicly accessible and will be disclosed to persons upon request.
Dealing Type - TB
Legislation - section 135B Real Property Act 1900
Stamp duty - not required
Certificate of Title - not required
NOS form - not required
Standard form of Caveat - does not prevent registration, however if the caveat is expanded pursuant to section 74H(5)(w) then further consideration must be given.
Priority Notice noted on the Register - see Priority Notice page.
An application for determination of a title boundary may be lodged where:
- all of the parcels are Torrens Title
- one of the parcels is Torrens Title and the other parcel is Old System land or
- all of the parcels are Old System land.
NOTE: Further fees pursuant to section 135F(2) Real Property Act 1900 may be payable.
(A) The references to title for Torrens Title land and/or the registration number of the relevant deed for the land on either side of the relevant boundary must be stated.
If only part of the boundary is the subject of the application then the part must be described.
The names and addresses of the registered proprietors of the land on either side of the relevant boundary must be stated.
(C) The full name of the applicant must be stated. The applicant must be the registered proprietor of the land on one side of the boundary, or be:
- the purchaser under contract of sale of land on one side of the boundary but only if the current registered proprietor consents or the whole of the purchase price has been paid
- a public or local authority
- the head of a government department or
- a registered surveyor acting on behalf of the registered proprietor of land on one side of the boundary. The consent of the registered proprietor is required.
(D) All the evidence lodged in support of the application must be listed at Items 1 to 5 etc. The evidence must be suitably identified and attached to the application.
The statement by the applicant, mentioned in Item 1, must explain in detail the circumstances that have led to the application. If the applicant has corresponded with a NSW LRS surveyor or a surveyor with the Office of the Registrar General beforehand, then the written statement describing the particulars of the application may be dispensed with. The applicant must provide evidence of this when they lodge the application at NSW LRS otherwise NSW LRS will require the statement to be completed before the application is accepted for lodgment.
Copies of any survey reports or plans of survey mentioned in Items 2 or 3 etc. must be furnished.
(E) The application must be executed by the applicant and be witnessed, or executed on the applicant's behalf as follows:
Attorney and witnessed
Solicitor or Barrister
Authorised Officer and witnessed
See execution requirements for companies, witnesses etc. pages
See NSW LRS checklist for assistance in the completion of a Determination of title boundary form.
NOTE: Determinations of title boundary are referred to the Office of the Registrar General Cadastral Integrity to undertake and complete. Further information concerning the process can be found on the Office of the Registrar General’s website (https://www.registrargeneral.nsw.gov.au/land-boundaries)
NSW legislation can be accessed at www.legislation.nsw.gov.au/
Staff processing information
Refer to DRD2.
The Determination of Title Boundary Lodgment Checklist is to be completed.
Proceed with registration as directed.
Second Schedule of all affected titles:
PRIME CODE DB