Plan Registration Guidelines
These specifications apply to plans and survey notes lodged in the Land Data Registration Branch.
Plans should be drawn at a suitable scale to balance the clarity of the detail with the physical limitation of space available, however an over-riding factor is that each lot defined must be shown in its entirety on at least one sheet of the plan.
A suitable scale should be selected from the following range of preferred scale options, and must be noted in the space provided on the plan:
Sketch by way of illustration plans are defined as being "NOT TO SCALE".
Sufficient information should be depicted on the plan to enable the parcels to be located. Where connections to corners or other items of detail cannot be drawn to scale, these may be depicted by distortion & showing a small break in the linework, provided a notation "NOT TO SCALE" is shown in the immediate vicinity of the distortion.
Tabling Detailed Information
Numerous irregular boundaries and chords may be shown in tabulated form. This may enable a smaller scale to be used on a plan than would otherwise be suitable.
Depicting Lots & Easements on the Plan
The unit of area will be the square metre (m2) or the hectare (ha) depending on lot size and will be shown directly after the area eg. 1000m2.
In addition the unit area will be rounded as follows:
The expressed value of bearings may be rounded off:
The Office will accept boundaries set out on arcs, or reproducing existing arcs. An alignment of chords will also be accepted as being a proper interpretation of an existing arc alignment.
See Plan Forms and Office Circular No.1 of 2004
Balance Plans are to be prepared on Plan of Title forms, labelled “BALANCE PLAN” and prepared in accordance with the Office plan drawing specifications.
Internal grant or subdivision boundaries should not be featured on a Balance Plan as the "lot on plan" must visually be a single parcel to support the folio of the Register.
Balance Plans must bring forward any benefiting and burdening easements shown in the second schedule of the folio of the Register.
Balance Plans must also reflect any addition, modification or deletion of easements or covenant boundaries that accompanying dealings set out to register.
Balance folio measurements may be amended if a measurement to a survey mark is being adopted from the survey being carried out.
Compiling Full Status Balance Plans
Full status Balance Plans are generally prepared for folios of the derived from crown land grants or from plans of survey subsequent to the original grant survey. These plans are compiled from survey data, and survey notes are NOT required.
When compiling a full status Balance Plan the Lot perimeter boundary lines should wherever possible be reduced using balance folio measurements where the Lot perimeter is disturbed. Where reduction of the lot perimeter boundary lines is not possible the land being excised from the folio may be hatched.
Compiling "Sketch by Way of Illustration Only' Status Plans
Sketch by Way of Illustration Only status Balance Plans are prepared on Plan of Title forms, labelled “BALANCE PLAN – Sketch by Way of Illustration Only” and prepared in accordance with the Office plan drawing specifications.
“Sketch by way of illustration only” status balance plans are converted from general law deeds based on a verbal description or incomplete survey data therefore these plan boundaries and measurements MUST NOT be amended.
See also “Plans prepared to convert land from general law” below.
“Sketch by way of illustration only” status Conversion Plans plans are prepared by the Branch to support conversion from general law where:
Conversion plans prepared today are in metric measurements only meaning that imperial deed description measurements will be converted at the time of preparing the plan. In addition a balance metric area will be derived from any excisions in the deed description or otherwise found at the time the Conversion Plan was prepared.
The Lot perimeter and Lot area on “sketch by way of illustration only” status plans will be as determined from the deed description and where area and/or measurements are not provided by the deed description none will be shown on the plan.
Any lands excised will be shown as hatching on the plan and where a metric balance area can be compiled this will be shown as NOT INCLUDING HATCHED PORTIONS (eg) “10.12 ha NOT INCLUDING HATCHED PORTIONS” and referred to under the Lot Number on the plan.
Excepted Lands from "Sketch by Way of Illustration Only" Status Conversion Plans
Land to be excised from the deed description is commonly referred to as excepted land and will generally be either referred to in the deed description or result from cadastral search.
All excepted lands will be shown as hatching on the plan not included in the Lot area whilst exceptions resulting from cadastral search will also be listed on the top-left of the plan form as “Excepted Lands”.
Imperial and Metric Measurements on the "Sketch by Way of Illustration Only" Status Plan
During the early stages of general law conversions it was common to feature both imperial and metric measurements on the Sketch by way of illustration only status plans. In these cases the imperial measurements per the deed description would be shown in brackets.
Where land was excised from the Conversion Plan the imperial would remain unchanged from the deed description area whilst the metric area would refer to the area remaining after the excisions with the wording “NOT INCLUDING HATCHED PORTIONS” shown below.
WARNING: Where insufficient information was available to derive a metric balance area a space would be left where the metric balance area would normally be shown eg. “LOT 1, (10A 5R 16P), space , NOT INCLUDING HATCHED PORTION”. Where that is the case the imperial area should NOT be mistaken to be the balance area.
Upgrading A "Sketch by Way of Illustration Only" Status Plan
A “sketch by way of illustration only” status plan may generally be upgraded to “full” status by the following:
When examining a “sketch by way of illustration only” status plan under re-definition by new survey, the Recorder of Titles would generally accept bona fide occupation as sufficient evidence of the boundaries.
A sketch boundary may be re-instated beyond occupation, however, provided existing registered survey marks are being adopted from adjoining general law/sketch status land, or where adjoining registered land has been satisfactorily re-traced using acceptable and sufficient evidence. This procedure does not prevent an adjoining owner from mounting a formal possessory claim.
Where a sketch boundary is being re-instated beyond occupation and where no old survey marks exist, the Recorder of Titles as a general rule will only seek a boundary acknowledgment where occupation twelve years or older has been exceeded. This is because an adjoining owner requires a minimum period of occupation to mount a possessory claim.
To compile a lot on a plan all information being used must be existing survey data. The boundaries should have previously been surveyed and marked in accordance with the statutory requirements at the time of survey. In addition, sub-section 126.96.36.199 of the Survey Directions Tasmania does not permit the calculation of boundary intersections.
A folio description that is a sketch by way of illustration only cannot be compiled onto a final plan to be sealed by Council, nor be used to support the site boundaries in a strata scheme, as the verbal description boundaries are not to scale and are subject to re-definition.
A compiled plan must comply with the error of close applicable at the time the original survey was undertaken, being:
Error of close for surveys dated 1884 - 1899:
Errors of close for surveys dated 1899 - 1946:
town lots 1:1000
country lots 1:600
Errors of close for surveys dated 1946 - 1966:
town lots 1:8000 or 0.08 feet
country lots 1:5000
slopes > 10 degrees 1:2000
Errors of close for surveys dated 1966 - 1982:
town lots 1:8000 or 0.08 feet
country lots 1:5000 or 0.10 feet
slopes > 15 degrees 1:3000 or 0.10 feet
Errors of close for surveys dated 1982 - 2005:
urban lots 1:8000 or 0.03 metres
rural lots 1:4000 or 0.06 metres.
Error of close for surveys dated 2005 or later:
1:10000 or 0.025 metres
The plan should identify the land actually under possession and being claimed, which may not necessarily include all the land comprised in the description schedule of the deed or folio.
The provisions of section 138Y of the Land Titles Act 1980 have effect in respect to sub-minimum blocks being claimed or remaining.
Where a lot on plan features other land, as well as the land being claimed, the following procedure must be adopted:
A balance plan must be lodged with a plan of survey in all cases where a claim results in a residue of registered land remaining.
The procedure for preparing a plan for a part of land lease is dependent on:
Where a part of land leasehold folio is required to be created the lease description must be supported by either:
Where a part of land leasehold folio is not required a plan of survey may still be required. Where no plan of survey is lodged, the lease must include a diagram annexure prepared in accordance with Section 13 (2) of the Land Titles Regulations 2002. The lease diagram should be drawn to the satisfaction of the Recorder of Titles, which means:
Where the lease IS a subdivision
If the part of land lease is a subdivision the supporting plan of survey, or diagram, must either be:
Where the part of land lease is not a subdivision and an unsealed plan of survey has been lodged, the plan will be marked as PLAN FOR LEASEHOLD ESTATE ONLY. The plan may not be used to later support a subdivision unless Council approval is obtained.
For a random selection of height limitation plan examples see:
The height limitation plan may be lodged as a final plan sealed by Council. If not sealed by Council the dealing to effect the division may be subject to compliance with sections 90, 102, 115 or 121 of the Local Government (Building and Miscellaneous Provisions) Act 1993 as applicable.
An unsealed plan of survey may be lodged with the Recorder of Titles to specify the boundaries in a part of land forestry right, however it is more common for a marked up plan of title to be attached to the dealing.
A diagram or plan of a forestry right (not certified under the Surveyors Act 2002) to be annexed to a dealing will need to be prepared in accordance with Section 13 (2) of the Land Titles Regulations 2002.
The diagram should be drawn to the satisfaction of the Recorder of Titles, (ie):
The descriptive boundaries in a forestry right plan need to be capable of re-definition by survey.
Clients regularly lodging part-of-land forestry right registrations may make application to the Recorder of Titles to lodge the diagrams digitally.
For information contact Manager – Plan Records, Telephone: (03) 6233 3590.
Removal of existing burdening easements is achieved by one of the following procedures:
The descriptive wording of an easement on a plan needs to reflect the interpretation in the schedule of easements or creating dealing. The Conveyancing and Law of Property Act 1884 provides statutory short forms for:
Sufficient bearings and distances must be shown to fix an easement being created on a plan.
The flow or direction of a drainage easement must be shown by means of arrows on a final plan to be sealed by Council.
All information relating to party walls, overhanging eaves and other relevant structures should be featured in the survey notes to a plan of survey.
A party wall may only be featured on a plan if the easement exists in the folio, or is to be created in a schedule of easements or by a grant of easement.
A party wall on a face plan should be described in nature (e.g. brick or sandstone) and width and the folio boundary should be defined in relation to the party wall as either through the centre of the wall, or by offset measurement at both ends of the wall whichever the case may be.
The fee simple of a user road may not vest in the highway authority but remain in the folio of the Register of the underlying land owner.
A user road may be featured on a plan by fine broken lines and the survey notes will need to define the road by bearing, distance or radiation.
A user road may be depicted as a road lot on a final plan sealed by Council in accordance with any requirements of Council and the relevant highway authority. However, where balance land or adjoining land is being compiled onto a final plan as a condition of Council permit, the location or status of any user road will not be further investigated by the Recorder of Titles, provided the compilation accords with the plan of title.
RESERVED FOR PUBLIC ROAD PURPOSES BY CROWN LANDS (PUBLIC ROAD) ORDER NO.(insert) of
Where a final plan is creating lots that front onto unencumbered Crown land being used as road, the Office will require a proclamation under section 7 of the Roads and Jetties Act 1935.
Where a final plan is creating lots that are separated from a highway by unencumbered widening of a highway authority, the Office will require a certificate of declaration under section 106 of the Local Government(Building and Miscellaneous Provisions) Act 1993.
Where a description in a folio of the Register is being re-instated along a crown reservation abutting a natural boundary, the boundary should be re-instated (by bearing and distance) in its original position:
A boundary along the bank of a river, creek or stream extends to the line of the water channel measured at its average or mean level of flow, without reference to flood or drought.
A natural boundary on a plan should be described as:
The doctrine of accretion does not apply to non tidal lakes.
Where a survey is being carried out to re-define accretion or dereliction of a natural boundary (and the survey is not being carried for any other reason) the plan should be prepared in a form to support an application for rectification of boundaries under section 142 of the Land Titles Act 1980. The surveyor should report in the survey notes on the boundary evidence that led to the conclusion that the boundary has shifted.
See Office Circular No 1/1999 regarding the ad medium filum "rule".
Patent error correction may be used:
Contact: Plan Records Section - ManagerManager Plan Records
134 Macquarie Street
Hobart TAS 7000
Phone: 03 6233 3585
Fax: 03 6223 8089
Department switchboard: 1300 368 550 (local call cost within Australia)
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