Guidance on meeting the requirements of the Cadastral Survey Rules 2021 when surveying titles that are Limited as to Parcels.
The existing guidance on ‘Limited as to parcels boundaries’ continues to apply in relation to cadastral survey datasets (CSDs) prepared under the Rules for Cadastral Survey 2010 (RCS 2010) until 25 February 2022.
However, the dispensation providing for the ‘Alternative process where limitations as to parcels are being uplifted’ expired when the Cadastral Survey Rules 2021 (CSR 2021) come into force on 30 August 2021 except where a survey to remove limitations as to parcels under the RCS 2010 was started prior to 30 August 2021. In these cases surveyors may continue to use the alternative process until the end of the rules transition period on 24 February 2022.
This means that CSDs prepared under the RCS 2010 for surveys started after 30 August 2021 must define by survey all boundary points on a parcel having its limitations uplifted. These boundary points must also be marked where practicable.
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.