Guidance on meeting the requirements of the Cadastral Survey Rules 2021 (CSR 2021) relating to non-primary parcels.
The Rules clarify that a non-primary parcel boundary must be the same form as the underlying parcel boundary (r 46(3)). For example, where a non-primary parcel is being created over an existing underlying parcel and coincides with a water boundary the position of the water boundary cannot be updated.
Where a record of title consists of more than one parcel, a new non-primary parcel may cross an internal primary parcel boundary (r 47). There is no need to determine the intersection of the non-primary parcel with the primary parcel (see Figure 1).
The resulting non-primary parcel over more than one underlying primary parcel is given a standard appellation (r 42(1)) for example Area A DP 600000.
Where the easement crosses more than one underlying parcel the schedule of easements will list more than one parcel under the burdened land (see Figure 2).
There is no rule requirement to separate easements into individual 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.
The total extent of each overlapping easement parcel must be clear and unambiguous when depicting it on the survey and title diagrams (r 91(a), r 107(a)).
In a land transfer cadastral survey dataset (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 2017 over land in a record of title, the extent of which is deemed to not include the marginal strip (refer s 24D(6) of the Conservation Act 1987).
Where the record of title is annotated with a Part 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.
In the rare situation the purpose of the CSD is to depict part of an easement or covenant parcel to be extinguished, then both the parts to remain and be surrendered or revoked must be defined as separate parcels (r 48). Note this only applies where the underlying parcel is not being created.
Where a portion of an easement is to be surrendered it must use the Landonline parcel intent ‘easement to be surrendered’. Portions of covenants to be revoked must use ‘covenant to be revoked’. Both portions to remain and be extinguished must be given new appellations (r42(1)).
Note this requirement does not apply to land transfer subdivisions. Those surveys only need to define the portion of the easement or covenant to remain.
For legalisation surveys the method of legalisation will determine how existing easements are depicted. Where the legalisation action has the effect of cancelling existing easements (for example land to become road), existing easements are not depicted over the parcels subject to the legalisation. In situations where existing easements are to be retained (for example where the gazette notice specifies that easements are to be retained), they must be depicted.
For parcels not subject to the legalisation (for example, the land remaining in private ownership), existing easements must be depicted.
For more information see:
Recording easements to be surrendered and covenants to be revoked in the title plan
Where all of an easement is to be surrendered or all of a covenant is to be revoked it must also be recorded in the Title Plan, including the creating document reference (r 92(h)). The Landonline easement schedule provides functionality to record the surrender of easements and revocation of covenants. Surveyors are encouraged to use this functionality, as it ensures the correct creating document number is pulled through from the underlying title and makes the cancellation process more efficient. The required information could also be recorded on a hard copy easement schedule attached to the CSD. The information required by rule 92(h) must not be recorded on the title diagram. There is no requirement to depict an easement on the title plan that is to be fully surrendered.
If required partial surrenders can be included in the notes section of the easement schedule.
All existing centre-line easements must be converted to polygons where the width is known (r 49) unless they are within a primary parcel over 100 ha that has accepted boundaries. In this case it may remain as a centre-line (r 54). Where the width is unknown the easement must be annotated “Width unknown” on the title diagram (r 103).
Traditionally non-primary parcels have been defined in terms of the underlying parcel using non-boundary vectors to locate the parcel in relation to underlying primary parcel boundaries. The rules now provide for the definition of non-primary parcels in terms of the control network. The method of definition is determined by the permitted accuracy class.
Class A and B accuracies
Where the underlying parcel is not being created by the survey, the relationship of a non-primary parcel to the underlying parcel may be inaccurately determined if class B accuracies would normally apply (r 51(1)(a)). This provision can be used irrespective of the accuracy of the underlying parcel.
Where the inaccurately determined provisions have been used there are alternative survey requirements:
- the intersecting non-primary boundaries must be class D (r 51(2)(a))
- bearings must be orientated in terms of an official geodetic projection (r 51(2)(b))
- the survey must include a connection to a minimum of 2 nearby cadastral survey network marks (CSNM) (r 51(2)(c))
- the CSNMs may be adopted (r 51(2)(d))
- class B non-primary parcel boundary points must be within 500m of a permanent reference mark or PRM (r 51(2)(f))
- the survey must include 3 PRMs within the applicable distance (r 51(2)(g))
- every boundary point that is not class D must be connected by one or more vectors to a PRM (r 51(2)(h)).
Where the relationship has been inaccurately determined and the non-primary parcel coincides with a water, water centre-line or irregular boundary it may be accepted.
Where none of the underlying parcel boundaries meet the applicable accuracy standard the same provisions must be used, including for a survey in an urban area with class A boundaries (r 51(1)(b)). Class A boundary points must be within 150m of a PRM (r 51(2)(e)).
Figure 4 below illustrates the application of rule 51(1) where no boundaries meet the applicable accuracy standards. The same requirements also apply where the surveyor has voluntarily chosen to inaccurately determine the relationship.
In the future should the relationship of the non-primary parcel to the primary parcel need to be accurately determined, the class A or B boundaries must be first re-established from the control network. The inaccurately determined class D boundaries intersecting the primary parcel would be recalculated by holding the bearing fixed and recalculating the distance.
Where some of the underlying parcel boundaries meet the applicable accuracy standards and others don’t, the non-primary parcel can be positioned in relation to the boundaries meeting the accuracy standards. Where the non-primary parcel intersects a boundary that doesn’t meet the applicable accuracy standards, it may be class D and the coincident boundaries may be accepted. In these circumstances, the survey requirements in rule 51(2) (b) to (h)) don’t apply (r 51(3)). See Figure 4 below.
Class C accuracies
Where the underlying parcel is not being created by the survey, the relationship of a non-primary parcel to the underlying parcel may be inaccurately determined if class C accuracies have been used for an easement or covenant (r 53(1)).
Where the inaccurately determined provisions have been used there are alternative survey requirements. These requirements are less onerous than the class A and B requirements set under rule 51. The requirements are:
- the intersecting non-primary boundaries must be class D (r 53(2)(a))
- bearings must be orientated in terms of an official geodetic projection (r 53(2)(b))
- the survey must include a connection to a minimum of 2 nearby CSNMs (r 53(2)(c))
- the CSNMs may be adopted (r 53(2)(d))
- every boundary point that is not class D must be connected by one or more vectors to a nearby CSNM (r 53(2)(e))
- the horizontal accuracy between every boundary point that is not class D and an adopted CSNM must not exceed 0.60m (r 53(2)(f)).
There is no requirement for PRMs where the non-primary parcel is defined to class C accuracies.
Where the non-primary parcel does not coincide with the underlying parcel it can be positioned in relation to boundaries that meet the applicable accuracy standards (see figure 7 below). If none of the boundaries meet the applicable accuracy standard it must be positioned using the survey provisions in rule 51 where class A or B accuracies apply. Alternatively, the survey provisions in rule 53 apply for class C accuracies.
Accuracies to ensure no overlap
Where the relationship of a non-primary parcel to an underlying parcel has been inaccurately determined, the boundaries must be sufficiently accurate to ensure that its boundary points are within the underlying parcel boundaries (r 28).
As illustrated in Figure 8 below, non-primary boundary points 1, 2, 3 and 4 must be within, or coinciding with, the boundaries of Lot 25. They are not permitted to overlap into Lot 26.
Where a new non-primary parcel boundary is inaccurately determined the following annotations must be used:
- All class D boundaries must be annotated “Class D” on the survey diagram (r 88)
- All class D boundaries must be annotated “Boundary not defined by survey” on the title diagram (r 104)
- All accepted boundaries must be annotated “Boundary accepted from [CSD number]” on the title diagram (r 104).
The datum and connection requirements for height-limited boundary points on non-primary parcels are the same as for primary parcels (r 60). All reduced levels must be in terms of a single official vertical datum (r 18(1)). The exception being where reduced levels are used on a unit development, they must be in terms of the previously deposited CSD (r 62(1)). Where an unofficial datum is used a vertical control mark (VCM) must be provided with a reduced level in terms of the unit development (r 62(2)).
Where a survey includes a height limited boundary point a VCM must be included in the survey. If a VCM is within 1,000m at least one must be included in the survey, however if there is not a VCM within 1,000m then any VCM can be included. Note that a VCM only needs to be included in the CSD and might not need horizontal connections to be captured (r 18(2)). Compliance can be achieved by adding the annotation on the title diagram “Levels are in terms of [vertical datum], VCM [geodetic code and mark name], RL [Value].”
Height-limited boundary points on a unit parcel need to be referenced to a PRM (r 61(1)). The distance requirements for PRMs are the same as they are for primary parcels. Each survey must include a minimum of two PRMs with reduced levels (r 61(5)).
Height-limited boundary points on easements, leases and covenants do not require PRMs, but are still required to be in terms of an official vertical datum and include a VCM.
Part 6, Subpart 8 of CSR 2021 provides for the creation of customary marine titles, marine reserves and other rights over beds of streams, rivers or lakes as non-primary parcels.
Rights over streams rivers or lakes
Boundaries of rights over streams rivers or lakes must be defined to class A or B standards as specified in Rule 50. Where the boundary of the right coincides with an existing primary parcel water boundary it may be accepted (r 67). Right line bearings intersecting accepted water boundaries must be either class A, B or C as applicable. The distance must match the accuracy of the water boundary determination and must be class D (r 69(1)). As Landonline does not provide for the individual capture of bearing and distance classes these vectors must be captured as class AD, BD or CD in Landonline (the first letter represents the bearing class and the second the distance class). Landonline will then assign appropriate classes to the individual components of the vector when checking the accuracy standards.
To ensure these rights can be accurately positioned in the digital cadastre and confidently relocated in the future they must be defined in terms of PRMs and CSNMs. The survey requirements are identical to those when defining a non-primary right over land where no boundaries meet the applicable accuracy standards (r 70(1)).
Figure 9 below illustrates the application of the rules for the creation of a marine reserve:
- the new boundary between points 1 and 2 is permitted to be class C (r 66)
- where the water boundary coincides with the existing primary parcel water boundary it is accepted (r 67)
- the western and eastern boundaries are class C for bearing and D for distance (r 69)
- the survey includes 2 adopted CSNMs (r 70, r 53(2)(c) & (d))
- seaward boundary points 1 & 2 are connected by vectors to a nearby CSNM (r70 r 53(2)(e))
- the accuracy between boundary points 1 & 2 and the CSNMs must not exceed 0.60m (r 70 r 53(2)(f)).
Marine reserves or customary marine titles may be defined to class C accuracies (r 66). Where a customary marine title abuts a boundary defined to mean high water mark (MHWM) it may be necessary to define a parcel between mean high water springs (MHWS) and MHWM and a second parcel between MHWM and mean low water springs (MLWS). Where separate parcels are required rule 68 allows for the MHWS or MLWS boundary to be offset from an accepted water boundary (r 68). Where a right-lined boundary intersects an offset water boundary the bearings must be either class A, B or C as applicable. No distance is required. (r 69(2)).
To ensure these rights can be accurately positioned in the digital cadastre and confidently relocated in the future they must be defined in terms of CSNMs. The survey requirements are identical to those when defining a non-primary right over land where class C accuracies have been used and the relationship to the underlying parcel is inaccurately determined (r 70(2)).
A customary marine title area must be defined in a CSD with a survey type of “SO”, a survey purpose of “Legalisation” and a parcel intent of “Customary Marine Title”.
For more information see:
Figure 10 below illustrates the creation of a customary marine title. The land in the new title is to be over common marine and coastal area, but which is currently defined in the cadastre as partly over ‘dry’ land defined to MHWM and partly over the ‘sea’ below MHWM.
- The new customary marine title will consist of two parcels (Areas A and B)
- Where the water boundary coincides with the existing primary parcel water boundary it is accepted (r 67)
- The right line boundaries define the western and eastern extent of the parcels. The bearing is required, but the distance is not required (r 69(2))
- MHWS and MLWS have been offset from the accepted MHWM water boundary (r 68)
- The survey includes 2 adopted CSNMs (r 53(2)(c) & (d))
- Seaward boundary points 1 & 2 are connected by vectors to a nearby CSNM (r 53(2)(e))
- the accuracy between boundary points 1 & 2 and the CSNMs must not exceed 0.60m (r 53(2)(f)).
Not all existing interests to be retained need to be depicted on the title diagram (r 97(6)). A title diagram does not need to depict:
- an existing lease over a new primary parcel
- existing easements in a cross lease development
- any interest not defined in an approved CSD.
Existing easements over the base land in a cross lease development are also not required to be identified in the Schedule of Existing Easements. Where the interest is not defined in an approved CSD the Schedule of Easements must still include the purpose of the easement, creating document reference and burdened land. As the easement is not spatially defined the easement parcel identifier should refer to the new primary parcel appellation that the easement relates to.
All other existing interests to be retained must be depicted as new non-primary parcels on the title diagram (r 97(5)).