Land information

Land informations services

During my career in surveying I have seen numerous situations in which people when dealing with property have not got what they thought they were getting or have inherited a situation they didn’t want or expect. They ended up having to find a solution. Inevitably there was a significant monetary and emotional cost involved.

Why did it happen?
Generally through no fault of their own. Most of us ignore things we don’t understand. Unfortunately these things often include items such as text on the Certificate of Title, Council zoning, easements, encumberances, encroachments and rights of way. Information about these things is often very general in nature and provided without explanation. We are left to our own devices to interpret and decide on relevance to our situation.

This is particularly evident when purchasing property.
The information provided to you by the selling agent is necessarily general in nature. You are left to your own devices to ensure there are no impediments to your potential purchase. But you can interpret:

  • The wording on a Certificate of Title
  • Council zoning information and requirements
  • Easement rights
  • Encumberances
  • Encroachments

You will receive prompt, accurate, reliable advice!
If I can’t, I will tell you and advise who will be able to provide the advice you need.

certificate of title

Not all Certificates of Title are the same. You have to read carefully any text on the title and understand the consequences of any limitations, notes, encumberances etc. Some Certificates of Title are limited. This means that they have deficiencies or security of tenure. The deficiencies are severe enough to warrant the Registrar General is not convinced that a full Certificate of Title be issued for the land contained within. This can have critical consequences for mortgagors.

Easements

Easements are for various purposes and generally in favour of a service providor to secure access to an infrastructure asset. There are some private easements. Once again these are normally for the transmission of services. In the majority of cases, registered easements over your land will mean that portion of land cannot be utilised for the erection of any structure. There are some exceptions. A particular type of easement is “party wall rights”. These can have critical implications if you are considering redeveloping the site.

Council zoning

All Councils have a Development Plan in accordance with the Development Act and Regulations. Reviews and amendments to Council’s Development Plan occur in accordance with the requirements of the Development Act and the changing of circumstances within different areas.

The zone a particular property is located in is usually stated on the Council rates notice. If you are purchasing a property, the Real Estate Agent will advise you of the Council zoning.

But what does it mean?
People own and purchase properties with different objectives. It would be a tragedy if your objectives were unfulfilled because you didn’t obtain accurate, reliable advice. The same rules apply to your neighbouring properties enabling them to redevelop in certain ways. You could end up with more neighbours than you expect. It could be a financial and emotional disaster.

encumberances

Encumberances are usually conditions which a developer imposes on a development in order to maintain a standard level of improvements. These usually affect the type of building materials you can use, the type of fencing which can be erected, clotheslines, planting of tree species and the like. It is normal for the developer to hold the encumberances and therefore are responsible for its enforcement. There are other types of encumberances such as liens and caveats. These will have a major impact on the land titling.

encroachments

There is a carport, garage, building wall on or near the boundary. How do you know if it is on the boundary, on your side of the boundary or encroaching over the boundary? Any encroachment can have financial consequences. The real estate agent’s documentation will state they are not aware of any encroachments. It doesn’t mean one might exist. Beware!

Rights of way

Whether you have rights or are subject to rights of way there are things you need to know. Rights of way is contract between parties that gives the individual, company, council or other authority the right to use a land owner’s property for a particular purpose. These inclulde, but not limited to pathways/walkways, area to park a vehicle and access roads such as driveways.