If you’re a property owner, developer, architect, or builder in Melbourne, understanding title re-establishment surveys is crucial. These surveys define your exact property boundaries, ensuring compliance with regulations and preventing disputes. In this guide, we’ll explain what a title re-establishment survey is, when you need one, why it’s important, and who is qualified to conduct it.
What is a Title Re-Establishment Survey?
A title re-establishment survey—also known as a boundary survey—is a land survey that confirms the precise location of your legal property boundaries. It compares the boundaries described in your Certificate of Title with the physical occupation of the land (e.g., fences, walls and structures).
A licensed land surveyor in Melbourne will research historical survey marks, take accurate site measurements, and place survey markers (pegs or stakes) to indicate the true boundary. The final result is a re-establishment survey plan, which documents your property’s boundaries in relation to surrounding features, as well as any easements or encroachments. This survey ensures that any structures on the land align with legal property lines, preventing future disputes and financial losses.
When Do You Need a Title Re-Establishment Survey?
Many property owners only think about boundary surveys when an issue arises. However, these surveys are necessary in several situations:
Before Building or Renovating Near a Boundary
If you plan to build an extension, garage, pool, or any structure near the boundary, a re-establishment survey ensures compliance with local building regulations. Melbourne councils and building surveyors often require a title re-establishment survey before issuing building permits. Without a proper boundary survey, you risk building on land that doesn’t legally belong to you, leading to potential disputes or demolition orders.
Before Installing or Replacing a Fence
Boundary disputes over fencing are common. A title re-establishment survey provides an official reference point for the correct fence position under Victoria’s Fencing Act 1968. If you and your neighbour disagree on where the fence should go, the survey provides a legally recognised boundary, ensuring fairness and accuracy.
Buying or Selling Property
Before purchasing or selling land, it’s important to verify that the fenced area aligns with the legal title. A boundary survey prevents legal issues and ensures you know exactly what you are buying or selling. If a section of land is incorrectly fenced outside of its legal boundary, this could lead to disputes and financial losses after settlement.
Subdivision or Land Development
If you plan to subdivide land, Victoria’s subdivision laws require an accurate boundary survey before proceeding. A licensed surveyor must certify all subdivision plans. The survey serves as the foundation for creating new lot boundaries, ensuring accuracy and compliance with government regulations.
Resolving Boundary Disputes
If there is uncertainty or disagreement about a property boundary, a title re-establishment survey provides an authoritative answer. This is essential for resolving disputes before they escalate legally. Courts and councils rely on official survey plans when determining boundary-related cases, making this survey a critical step in any property-related dispute resolution.
Why is a Title Re-Establishment Survey Important?
Avoid Legal Disputes
Knowing the exact boundaries helps prevent conflicts with neighbours over encroachments or incorrectly placed fences. Property disputes can be costly and time-consuming, and a boundary survey provides legally recognised evidence to clarify ownership and prevent misunderstandings.
Protect Your Land Ownership
If part of your land is occupied by a neighbour, they may eventually claim it under adverse possession laws. A boundary survey identifies and helps rectify encroachments before they become legal issues. In Victoria, adverse possession claims can arise if a neighbour has occupied part of your land for 15 years or more without objection.
Prevent Costly Mistakes
Building on the wrong side of a boundary could result in expensive demolition or legal battles. A survey ensures that any new construction stays within the correct property limits. In cases where buildings have been constructed outside the legal boundary, rectifying the mistake can be incredibly expensive and legally complicated.
Ensure Compliance with Victoria’s Land Laws
Many developments require a certified boundary survey for approval by councils, building surveyors, and Land Use Victoria. Having an official survey simplifies the approval process and ensures compliance with all relevant laws and regulations. Without a legally valid boundary survey, your development plans may be rejected, causing costly delays.
Identifying Easements and Restrictions
A title re-establishment survey also highlights any easements or restrictions on the land, such as drainage or utility easements. Understanding these legal limitations is crucial before undertaking any construction or landscaping projects.
Who Can Perform a Title Re-Establishment Survey?
Only a licensed land surveyor in Melbourne can legally conduct a title re-establishment survey. In Victoria, cadastral (boundary) surveys are regulated under the Surveying Act 2004, and only registered surveyors can perform them.
To verify a surveyor’s credentials, you can check the Surveyors Registration Board of Victoria (SRBV). Hiring an unlicensed individual is not only illegal but also invalid for legal or council approvals. Licensed surveyors have undergone extensive training and must adhere to strict professional standards to ensure accuracy and reliability in boundary determination.
How MG Land Surveyors Can Help
At MG Land Surveyors, we specialise in title re-establishment surveys in Melbourne. Our team of highly qualified professionals ensures that your property boundaries are clearly defined and legally recognised.
Our Services Include:
Title Re-Establishment Surveys: Accurate boundary identification for legal and construction purposes.
Land Subdivision : Ensuring compliance with Victoria’s subdivision regulations.
Feature and Level Surveys: Understand the existing conditions on your site to kickstart your development project.
Construction Set-Out Surveys: Ensuring structures are positioned correctly before building begins.
Contact MG Land Surveyors Today
Ensure your property boundaries are precise and legally compliant. Call MG Land Surveyors for expert title re-establishment surveys in Melbourne.
Visit our website to learn more about our services or request a quote today!
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