What are Title Re-establishment Surveys, and Why Will Most Melbourne Landowners Need One?
Do you actually know how much land you own? For many landowners, the boundary lines of the lot you look out over might not be exactly the land you’re entitled to. It’s only when you want to make a change to the property or start a new construction that you might come across the need for something called a “title re-establishment survey” to determine exactly where the boundaries of your land lie.
In this article, we’ll break down what a title re-establishment survey is, when and why you might need one, and what the process will look like to get this ticked off your list so you can start your next project.
What is a Title Re-establishment Survey?
A title re-establishment survey is a land survey that determines if there are any differences between the land that is in your “possessory right” (the land you currently possess) and your ownership rights (the land you are actually entitled to).
In practical terms, the goal of the survey is to spot any places where your land may be encroached upon by someone else’s boundary fence, buildings, or other structures, limiting your access to land that is rightfully yours.
Why are Title Re-establishment Surveys Important?
Thanks to an area of law called “adverse possession,” if someone encroaches on your land long enough, they may be able to claim that portion of land you own as theirs. This typically requires the land to be encroached upon for quite a long amount of time, but the earlier you can check to find these discrepancies, the less risk you have of this law taking effect.
Similarly, having a title re-establishment survey done also ensures you don’t encroach on anyone else’s property or any easements that are required around your land. The survey allows you to find these possible issues and correct them before they become potential legal issues down the line.
When is a Title Re-establishment Survey Needed in Melbourne?
Typically, a title re-establishment survey is needed when:
· Creating a subdivision
· Starting a new construction
· Building a structure on the boundary of the land (for example, a boundary fence)
· Settling disputes over land ownership
· Investigating encroachments
In most areas, a title re-establishment survey is required whenever creating a subdivision or building on the boundary of your land. If you’re not sure if a title re-establishment survey is needed for your project, you can contact an experienced land surveyor to consult on your project.
Ensure your title is protected, use a licensed surveyor
Only a Licensed Land Surveyor can undertake a title re-establishment survey in Victoria
How Do You Get a Title Re-establishment Survey in Melbourne?
Getting a title re-establishment survey is similar to other land survey processes. If you’ve never gone through the process of land survey before, here are the basic steps:
1. Find a licensed surveyor
Australian law requires that only a licensed land surveyor be allowed to conduct title re-establishment surveys. Before working with any surveyor, make sure they are registered by checking the Surveyors Registration Board. This is the definitive list of all licensed land surveyors and will allow you to check the status of the surveyor’s license.
Beyond holding the necessary license, you’ll also want to check your surveyor’s overall experience. Land surveying is a detailed craft, so look for surveyors who have solid experience working in the field and good reviews from former clients.
2. Familiarise yourself with the planning regulations in your area
Your surveyor can help you get familiar with the planning regulations that govern land ownership in your specific area, but you should also familiarize yourself with local building codes and other regulations specific to your project.
Land surveyors cannot advise you on building codes, only land-related regulations, so it’s important to understand all the regulations you may need to be aware of so you can use your title re-establishment survey effectively.
3. Schedule your survey
Once you’ve selected your land surveyor and familiarized yourself with the regulations, it’s time to schedule a time for your surveyor to come out and conduct the survey.
When scheduling, make sure you leave enough time to evaluate the survey and file any discrepancies with your local land use office.
4. Bring any errors found to the land use office
Once the land survey is complete, your surveyor will help you bring the findings to the land use office to adjust your title accordingly. This will also be your opportunity to file any claims for compensation if your land size has been changed due to the survey.
If you have any questions about the process of conducting the survey or what to do with your results, you can consult with your surveyor, who can walk you through the nuances of the process and help you prepare for the next steps once the survey is completed.
What Happens if Errors or Encroachments Are Found During the Survey?
Finding errors between the land owned and the land possessed is common in title re-establishment surveys.
If you find an encroachment on your land, you can use your survey to consult with legal counsel about steps to remove the encroaching structure or grant an easement. Sometimes, you can work with the owners of the structures to get them moved without court intervention, while other times, you may need to file a lawsuit to have the structure(s) removed.
If the error is simply a discrepancy between an old survey drawing and what is determined in the new survey, your surveyor can help you work with the land use office to have your title redrawn to match the findings of the survey.
Keep in mind that resolving these errors can take as little as a few days to months in legal disputes. That’s why it’s important to conduct your land surveys as early into your project as possible to allow time for these issues to be resolved without significantly delaying construction time.
How Humphries Land Surveying Can Help You Tackle Your Next Project
At Humphries Land Surveying, we have over 20 years of experience in cadastral surveying around the Melbourne area. With all this experience comes a thorough understanding of Melbourne’s specific regulations governing land use that we use to help our clients expedite their building projects and avoid common pitfalls.
We offer a full suite of land survey services, including:
· Subdivision planning
· Feature & level surveys
· Removal/creation of easements
· Land development consulting
· Drone surveys
We can help you get a full picture of your land and its possible uses, helping you complete each project with confidence.
Whether you’re looking for a single title re-establishment survey or a partner who can help you design your next subdivision project, we’re committed to providing you with fast, accurate, expert results. Contact us for an estimate so we can help you get your project moving!