What is Delimitation?
Delimitation is the process of removing a limitation notification from a Land Title.
A Plan of Delimitation is the survey plan that is lodged with NSW Land Registry Services in order to remove this limitation notification. It must be a plan of survey; it cannot be compiled or otherwise arranged.
How do you know if your block is limited in the first place?
There is a notification entered on the Land Title in the form:
‘Limitation pursuant to s.28T(4) Real Property Act 1900. The boundaries of the land comprised herein have not been investigated by the Registrar General.’
Limitation usually occurs when the land is converted from Old System title. (To learn more about Old System title, check out our article here.) Old System title was based on a chain of ownership, and that chain was not easily followed. Documents were not necessarily stored in the same place, and transfers of land could subdivide land without a registered survey. These transfers would use a description of the dimensions of the land, called ‘Metes and Bounds’, that was sometimes accompanied by a diagram, but almost never a plan of survey. Due to the age of the Old Title system, the survey instruments and technique were not overly precise. They allowed fences to be adopted as a boundary line, provided the fence was over 12 years old and there is no evidence to prove otherwise. However, fences wear out, and need replacing, and aren’t always put in the same place, which is why they are not the most reliable boundary source.
When the switch was made to the Torrens title system, limitations were put on blocks of land on which the boundaries were uncertain due to the lack of registered survey. This may include consolidations and residue parcels.
What does that mean for your block practically?
It is not necessary to remove the limitation if you choose not to develop your land further, but the limitation notification needs to be removed before you can do any subdivision or development work to your land. NSW Land Registry Services must have fully defined boundaries listed for your block for any work to be done to your land. If you do not wish to subdivide or otherwise develop your land, there are still benefits to having your boundaries defined and delimitation. Your neighbours will have a harder time contesting your boundaries and try to claim part of your land.
What is the process of delimitation?
The process of delimitation is relatively simple.
Firstly, we must do some research into the history of the titles of the land to prepare for fieldwork. The site visit for fieldwork is next, where our registered surveyors will determine your boundaries. A deposited plan of survey will be drawn by our drafting team from the data of the fieldwork. This plan is then lodged with Land Registry Services. When this lodgement process is complete, the limitation is removed from the title and your land is ready for subdivision or development.
Can Compass Consulting Surveyors help?
At Compass Consulting Surveyors, we have helped many clients through this process. We have all the relevant experience and skill required to help you remove the limitation notification on your block so you can proceed with your subdivision or development wishes.
Please contact our offices for more information or a quote.
Riley Haycraft
Draftsperson/Administration
