Before you buy a property, build on your land, excavate a dam or erect fencing, you are well advised to check the boundaries against the title. This is to make sure that you are not encroaching on crown land or someone else's private property (or they on yours). Over time, boundary fences and markers can become less distinct or are sometimes moved. Mistakes can easily be made.
You will also need to know the exact location of any underground cables, easements that you cannot build upon and rights of way that allow other people lawful entry to your property.
Licensed surveyors will define your boundaries and, if you ask for it, they will provide a signed plan or certificate.
In Victoria, the government registers all titles to land, maintains land ownership records and guarantees title documents. Only surveyors licensed by the Surveyors Board of Victoria - a statutory body - are entitled to perform surveys of property or property boundaries (Cadastral surveys). Licensed surveyors are distinct from registered surveyors, who tend to specialise in mapping, mining, engineering surveys and the like. In 2003 new regulations were introduced covering the compulsory registration of all surveyors in Victoria.
If you use an unlicensed person to do a property boundary survey you will find their work will have no legal standing if there is a subsequent dispute about your boundaries.
You can check if a surveyor is licensed by contacting the Surveyors Registration Board of Victoria or Surveyor General of Victoria:
Surveyors Board of Victoria or Surveyor General of Victoria: Surveyors Board of Victoria Level 15 Marland House 570 Bourke Street Melbourne 3000 Telephone: 8636 2555 Email: info@surveyorsboard.vic.gov.au Website: www.surveyorsboard.vic.gov.au/
Incorrect boundaries - adverse possession
Sometimes property owners are uncertain of the exact location of their boundaries. Over the years they come to believe that a part of their neighbour's land is really their own. They take possession and they act as if they own it (e.g. fence it off from neighbouring property, build on it, etc).
The Transfer of Land Act 1958 allows for such circumstances. After a period of time - either 15 years, or 30 years if an easement is involved - you may make a claim through the principle of adverse possession. If the owner has not reclaimed the land during that time, you can make a claim to the Land Registry for ownership of the land.
You will have to show evidence of abandonment for example, if the owner discontinues their possession of the property. You will also have to show evidence of your continuous possession to the exclusion of all others, for example, that you have:
- fenced or enclosed the property;
- actually occupied the property or erected buildings or other improvements on the property;
- made payment of rates levied against the property by the local council.
The process also involves making a contribution to the Consolidated Fund. If you make a successful application under adverse possession you become the lawful owner of such land and both your title and your neighbour's title are formally changed.
The Registrar of Titles has the power to amend Land Titles records to correct discrepancies in boundaries. Boundary disputes are determined by the County or Supreme Courts.
For more information go to the Victorian Department of Sustainability and Environment website at www.dse.vic.gov.au . Click on ‘Property Titles and Maps’ then ‘Land Titles’. The Land Titles page contains a link to information regarding adverse possession.
You can also contact the Land Registry Title Registrations Services at Level 9, 570 Bourke Street, Melbourne or telephone them on 03 8636 2010 for more information on requirements and fees payable.
Prev
Next
Table of Contents
Index
Search Law Topics
