Detail Plans

The term ‘Detail survey’ and Topographic survey are interchangeable. You may however, need a detail plan in addition to the Topographic survey to show such items as building ridge heights, window locations, balcony levels, finished floor levels and the like. Detail plans can also provide information on stormwater pipe locations, pipe sizes, invert levels and also details of services location.

Linen Plans (Plan of Subdivisions)

The term ‘linen plan’ dates back to when the early surveyors would draft their survey plans on a linen material. This material was a stable and enduring material which suited the archiving of the original plans kept at the Land Title Office NSW. Today the term linen plan is still used referring to plans of survey that are to be registered with NSW Land Registry Services.

The registration of a plan of survey with NSW Land Registry Services can create new boundaries and/or easements, restrictions on the use of land and positive covenants. Plans of survey can also be used to create a single easement or right of access over an existing feature and open or close a public roadway. Various other situations will warrant a plan of survey to be registered at NSW Land Registry Services.

GDS can assist you with the registration of your plan of survey with NSW Land Registry Services.

Plans of Re-Definition of Boundaries

A plan of survey can be lodged at NSW Land Registry Services to redefine boundaries of a parcel of land. This is highly recommended where the original plan of survey / subdivision is old and no modern definition exists. The lodgment of a new plan redefines and links the boundaries to the State survey infrastructure providing accurate positioning of the boundaries. This provides certainty of boundary location.

Redefinition of boundaries and the lodgment of a plan of survey is relatively inexpensive and provides a level of insurance otherwise unobtainable. This process is highly recommended and should be commenced at the outset of a development. It will ensure the position of expensive civil and servicing infrastructure will not have to be rectified. Please contact us for advice.

Draft 88b Instruments

Part 88b of the Conveyancing Act 1919 as amended allows for the creation of easements including rights of access, restrictions on the use of land and positive covenants. These are created upon the registration of the plan of survey. The 88b instrument is a separate document which accompanies the plan of survey and describes the burden and benefit of the easements, restrictions and positive covenants. It also provides the terms for each easement, restriction or covenant.

GDS are experts at drafting 88b instruments for legal review prior to lodgment at NSW Land Registry Services.

88b Interpretation

An 88b instruments can be quite complex and at times require an expert to provide interpretation. Any individual land title can be affected by encumbrances which have been created from several different 88b instruments. The origin of these encumbrances from various plans of survey and their accompanying 88b instrument at times requires a search of historical documents and interpretation.

An 88b instrument can also be used to release easements should they no longer be required. Please contact us for advice.

Draft Community Development Contracts

Any community development requires pre-planning especially if the development is to be staged. We can provide advice on community scheme staging. Advice with legal input can be provided on development contracts in Neighbourhood schemes.

Draft Community Management Plans

Draft management plans can be prepared for your community development and supplied for legal review. Each specific proposed scheme will require it’s own set of by-laws in consultation with the client and their community management agent.

Final Subdivision Plans

Final plans of subdivision are prepared and are registered at NSW Land Registry Services. These plans detail the fixation of boundaries connected to the modern State survey infrastructure network. This allows certainty of boundary location for such activities as building construction. These plans and their accompanying 88b instrument can also create easements, rights of way and restriction on the use of land. Please contact our office for more information.

Detailed advice on all titling matters and Land Registry Services NSW procedures

Prior to the introduction of the Torrens Title System in 1863 all land titles in NSW were under the common law introduced from England. This created Old System titles which are based on evidence of a chain of title.

Many Old System titles have now been brought under the Torrens Title register but still have an encumbrance being a Limited or Qualified title or both. We offer advice on title matters especially importance in these cases.

NSW Land Registry Services is the current name of the now privatised NSW Land Titles Office. NSW LRS register a number of dealings relating to land in addition to plans of survey prepared by registered surveyors. Please contact our office for advice on NSW LRS procedures.