The following information relates to a non-primary lease parcel in a cross lease development where boundaries have been affected by earthquake movement.
For units see Unit title developments - Rule 20.6 and for other types of non-primary rights see Easements and other non-primary rights - Rule 20.6.
New cross lease developments
Where there is a new cross lease development, every affected boundary on the underlying parcel must be defined by survey [r 20.6(b)(i)]. A new development can be interpreted as where there are no existing leases or where all leases have been cancelled. An update to one cross lease area where there are other remaining cross leases on the land is not a new development.
If an underlying boundary is redefined as a result of rule 20.6(b)(i), a new underlying parcel must be created [r 20.6(b)(ii)]. A new underlying parcel must also be created where any of the underlying boundaries was an affected boundary but has been redefined but not recorded in the tenure system [r 20.6(b)(ii)]. An example of this is an affected boundary redefined in a boundary marking Survey Office (SO) CSD.
For registration under the Land Transfer Act, creating a new underlying parcel requires the deposit of a LT CSD defining the full extent of the underlying parcel. This CSD may also define the new cross lease areas.
Existing cross lease developments
Where there is an existing lease on the underlying parcel and a new non-primary parcel lease area or other non-primary right is being added or changed, only the affected underlying boundaries that are coincident with or intersected by the new non-primary parcel boundaries need to be redefined [r20.6(a)].
Under the Land Transfer Act, the redefinition of an affected underlying primary parcel boundary would normally require a CSD defining the full extent of the underlying parcel and the issue of a new computer register. Rule 20.6(d) provides a concession where an affected underlying boundary redefined as a consequence of Rule 20.6(a), or already redefined in terms of earthquake movement on an approved CSD (including an approved SO CSD) may be recorded in the LT CSD that creates the new non-primary parcel. The deposit of this CSD will create a record of survey of the redefined underlying boundary in the register (the Registrar-General of Land will update the existing computer register to refer to the partial redefinition of the underlying parcel). For example, a LT CSD may record a new cross lease parcel as well as the redefinition of an intersected or coincident underlying affected primary parcel boundary.
To ensure users of the CSD are made aware of the two purposes of the survey (the redefined boundary and the new non-primary parcel), Rule 20.6(e) requires information in the CSD Diagram of Parcels that makes it clear to users of the Title Plan that the CSD is also recording the partial redefinition of the underlying parcel. The two purposes must be recorded in the survey report (Rule 8.2(a)(i)) and the dataset description panel.
The example below shows new cross lease area 2, new covenant area A together with the new redefinition of the affected northern boundary of Lot 1 DP 388041 (in red) and the prior redefinition of the affected eastern boundary of lot 1 recorded on SO 435687 (in blue). The other boundaries of lot 1 are not affected.