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Limited titles

Guidance on meeting the requirements of the Cadastral Survey Rules 2021 when surveying titles that are Limited as to Parcels.

New comprehensive guidance on limited titles and CSR 2021 requirements is currently being developed.

In the meantime, the existing guidance on ‘Limited as to parcels boundaries’ is also applicable for CSDs prepared under the CSR 2021 except in relation to RCS 2010 rule references and a small number of changes to requirements. A summary of the changes is provided below.

Survey requirements when uplifting limitations

All existing boundary points on a parcel having its limitations uplifted must be marked if practicable (r 35(1) & (2)(d)) and be defined by survey (r 13(b) & (d)).

In situations where a reliable mark is already in place the surveyor must measure, record and depict the position of the existing mark in the CSD (rr 80(1), 82(a) & 89(a)).

No alternative process for uplifting limitations

A CSD prepared under the 2010 rules could define boundaries by adoption when using the exception provided for in the ‘Alternative process where limitations as to parcels are being uplifted’. This process is not available under the CSR 2021.

Boundary marking restrictions

A boundary point on a boundary of land held in a record of title that is limited as to parcels cannot be marked on a boundary reinstatement survey (r 114(1)(b)).

An existing boundary must not be marked on any type of survey if it is part of a parcel that is to remain limited as to parcels, unless it is also part of a parcel whose limitations are being uplifted (r 35(3)). This situation often arises on legalisation surveys and rural subdivisions.

RCS2010 Guidance

Refer to SG Guidelines, pages 105-108 for guidance prepared under Rules for Cadastral Survey 2010 relating to Limited Titles.

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