Intersection of parcels
The following information relates to intersections of primary boundaries, intersections of non-primary parcels with underlying primary parcels, and intersections of overlapping non-primary parcels including units and marginal strips.
Primary parcel boundary intersections
Primary parcel boundaries are not permitted to cross over each other. Where these boundaries intersect, a boundary point that is defined by survey must be created [r 6.10].
The creation of the boundary point has the effect of severing the primary parcel boundary into new shorter boundaries. Note these shorter boundaries must meet the accuracy standards in rule 3.3.1.
Non-primary parcel boundary intersections
In the case of a non-primary parcel (eg for an easement) over a primary parcel, the non-primary parcel boundaries are not permitted to cross over the primary parcel boundaries, unless that non-primary parcel is in a unit development [r 5.2].
See Unit title development where more than one primary parcel below
Where primary and non-primary boundaries appear to touch each other, they can be said to coincide rather than to intersect.
Because these primary and non-primary boundaries coincide, the underlying primary parcel boundaries are not considered to have been severed at the positions where the two boundaries become coincident, even though the provision of part boundary distances along the primary parcel boundary may give this appearance.
Note that providing part distances has been traditionally the simplest way to show the relationship of the easement boundary with the primary parcel boundary.
Overlapping easement intersections
Rule 5.2 does not apply to cases where a non-primary parcel boundary overlaps another non-primary parcel boundary.
An example is the overlapping of an easement or covenant parcel over another easement or covenant parcel. This is not prohibited by rule 5.2 because the overlapping easements or covenants are not the underlying parcels. Therefore, there is no rule requirement to sever easements into discrete portions where they overlap each other.
Landonline functionality, however, does not allow non-primary parcels in the same topology layer to overlap. A solution in many cases is to place one of the non-primary parcels in the secondary layer and the other in the tertiary layer.
Note that in depicting overlapping easements on the Diagram of Survey and Diagram of Parcels, there is a risk that the total extent of each easement parcel is not clear. All information (including the extent of each parcel) must be clear and unambiguous [r 9.6.15(a) and r 10.4.10(a)].
Easement over a unit
In some cases a non-primary parcel boundary is not permitted to overlap another non-primary parcel boundary.
An example is an easement or covenant parcel to be created over a unit parcel. In this case, the unit parcel is the underlying parcel for the easement or covenant.
Easement over a movable marginal strip
In a land transfer CSD, a new easement parcel must not include land that is part of a movable marginal strip. This is because an easement can only be registered under the Land Transfer Act over land in a record of title (RT), the extent of which is deemed to not include the marginal strip (refer ss 24D(6) and 24(1) of the Conservation Act 1987).
Where the RT is annotated with a Pt 4A Conservation Act memorial, the above applies irrespective of whether the strip has been previously defined on an existing CSD. Surveyors will need to determine if the related water body is a qualifying waterway.
Unit title development where more than one primary parcel
The Unit Titles Act allows a unit title development to take place over more than one parcel of land. In this case, rule 5.2 permits a non-primary parcel boundary associated with the unit development, such as a unit or common area boundary, to cross the primary parcel boundary inside the boundaries of the development.
