Glossary | ||
Please use the alphabetical list below or use the search button to answer your query and see how our expertise relates. Note: Not all alphabetical categories have corresponding values. For best results use our search facility |
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BALANCE | |
| Balance (Title):
When only a portion of a title is the subject of a subdivision, the Lands Titles Office requires the surveyor to prepare a plan that reflects the land that is left behind; ie the ‘Balance’. This land portion is quite often NOT surveyed even though it will end up with a new title number and has all the appearances of being surveyed. Quite often is a bone of contention as owners sometimes think that because they have a new plan and the surveyor has been on site, that their balance has been surveyed. Balance Plans are usually ‘compiled’ plans.
SIMPLY: a visual depiction of the land remaining after a subdivision HOW WE ASSIST: we prepare these plans in accordance with the Titles Office requirements. | |
BATTER EASEMENT | |
| Batter Easement Batter Easement means the right for a highway authority to maintain the slope and stability of higher land adjoining a highway to ensure the adjoining land does not spill onto the highway. Within a Batter Easement or Easement to Embank some Councils will allow building or the construction of walls etc but only after they are satisfied that the Road is still ‘supported’ . This usually requires the certification of an engineer followed by a Petition to Amend the sealed plan. The Petition to Amend can be simple as the only interested parties are Council and the land owner. Contact us for advice in relation to these matters. | |
BLACKWATER & GREYWATER | |
| Blackwater & Greywater There are two types of wastewater created in a home, each of which can be treated and used in various ways – Blackwater and Greywater. Blackwater is water that has been mixed with waste from the toilet. Blackwater requires biological or chemical treatment and disinfection before re-use. Blackwater should only be re-used outdoors. Greywater is wastewater from non-toilet plumbing fixtures such as showers, basins and taps. Depending on its use, greywater can require less treatment than blackwater and generally contains fewer pathogens. Treated greywater can be re-used indoors for toilet flushing and clothes washing, both of which are significant consumers of water. Greywater can also be used for garden watering. The average Australian home produces about 113 litres of greywater per day. SIMPLY: Blackwater is the 'nasty', not to be reused inside. HOW WE ASSIST: We are closely aligned with professionals dealing with the treatment of black and grey water. | |
BODY CORPORATE | |
| Body Corporate in relation to a strata scheme means the controlling body that is made up of all the lot owners in the scheme primarily to administer, manage and control the strata site.
ie. Body Corporate Under the latest type of legislation relating to Villas, Town Houses, Flats and Home Units, the control and administration of common property is vested in a statutory Body Corporate which comes into existence automatically on the registration of the plan, and to which the provisions of the Companies Act do not apply. The registered proprietors of the units are the only members of the Body Corporate. | |
BONA FIDE | |
| Bona Fide: In good faith, honestly' without fraud, collusion , or participation in wrongdoing. | |
BOND & GARANTEE | |
| Bond & Garantee: relates to a 'letter of credit' from a bank garanteeing to the local council that if you, the developer, do not complete Permit Conditions, then the bank will provide funds to complete same, using your money. SIMPLY: If the title survey and engineering design are completed and approved by council, a letter of credit can be left with council to cover outstanding constructions works. This allows titles to issue and settlements to take place thus assisting cash flow. HOW WE ASSIST: We can assist you and your Consulting Engineer to finalise all documentation to allow a bond to be prepared. | |
BOUNDARY FENCES | |
| Boundary Fences: Some matters relating to boundary fences. 1. DISPUTES BETWEEN NEIGHBOURS Neighbours do not always see eye to eye. From time to time a problem will arise which needs to be resolved. These problems can be varied and putting up or repairing a fence between properties is a common one. These types of problems can be sorted out if the neighbours concerned are willing and know how to go about it. 2.THE BOUNDARY FENCE ACT AND YOU The Boundary Fences Act 1908 tells us what the law is in Tasmania for erecting and repairing boundary fences. The Act will not apply to you if your property or the property concerned is unoccupied Crown land, a public reserve, land owned by the Forestry Commission, land in a subdivision which has not yet been sold separately, or if you are simply renting the property concerned. It is usually the owner of the property who is responsible for erecting or repairing a boundary fence, not the tenant. 3.ERECTING OR REPAIRING A BOUNDARY FENCE If properties side by side are not divided by a sufficient or rabbit-proof fence or the fence needs repairing, the Act states the neighbours shall be legally bound to erect or repair the fence. 4. DEFINING A SUFFICIENT FENCE In rural areas, a sufficient fence is a fence which can keep livestock in or out. Where the fence is in a city or town, or next to another home, then it means a fence which the neighbours have agreed on or is usual in the area. A boundary fence must be along the boundary line. Where the boundary is uncertain because it is a river, creek, lake, pond or is rocky land the neighbours can agree on the line the fence should take. HOW TO MAKE YOUR NEIGHBOUR HELP OUT If you want to put up or repair a boundary fence and want your neighbour to help out with the cost, you must serve a notice on them to erect a fence or repair a fence. To serve such a notice you can give it to your neighbour by handing it to him or her, or send it in the mail. If you put up a fence or repair one without serving either of these notices on your neighbours, they do not have to help out with the cost. 6. IF YOUR NEIGHBOUR DOES NOT AGREE If your neighbours do not agree with your proposals for erecting or repairing a fence, they can object. To do this they must put their objection in writing and serve it on you within 21 days of having received your notice. If after 30 days you have not received an objection from your neighbour, you can go ahead and erect or repair the fence and recover half the cost from your neighbour. If an object has been made and you cannot resolve the dispute you should both meet with a mediator to resolve the issue. 7. GOING ONTO YOUR NEIGHBOUR'S PROPERTY If there is no possible way to erect or repair the fence from your. own side of the boundary, then you can go onto your neighbour's land but only at reasonable times. If your neighbour's land is a crop, garden, orchard, plantation or shrubbery, then you must get their permission first. If you damage your neighbour's property while doing the work, either on purpose or if you did not take care, then you may be bound to pay compensation to your neighbour for the damage caused. SIMPLY: You and your neighbour have a legal obligation to share the cost of a common fence, usually 5ft or 1.5 metres in height, or though one can ask for it to be higher up to 6ft or 1.8metres, the extra being at their expense. Anything different or in excess of the above should be clarified with Council's Planning Scheme and may need a Planning Permit. Fences should be constructed on the boundary of the properties involved. HOW WE ASSIST: We can redefine the boundary line for you to ensure that the fence is constructed in the right spot. We can also check Planning Scheme issues for you to ensure any variances are in accordance with the Scheme. BOUNDARY FENCES ACT 1908 NOTICE FORM NOTICE TO JOIN IN ERECTING A SUFFICIENT OR RABBIT-PROOF FENCE In pursuance of the Boundary Fences Act 1908 I hereby give you notice as the owner of the land next adjoining the land belonging to me situated at: ........................................................... .................................. ............................................................ .................................. that require you to join in erecting a sufficient fence (or rabbit proof fence) under the provision of that Act between our respective lands and I propose that the boundary to be fenced be as follows: ............................................................ ................................. ............................................................ ................................. and that the kind of fence to be erected be as follows: ............................................................ .................................. ............................................................ .................................. Your attention is directed to the following provisions of that Act, namely: Section 10, which empowers you within twenty one (21) days after service of this notice to object to any proposal contained in this notice and provides for arbitration in case we do not come to an agreement, and Section 12, which empowers me to erect the fence and recover from one half of the actual cost together with interest if within thirty (30) dates after service of this notice we do not enter into an agreement and if no notice of objection has been served by you upon me. Dated at ..........................this.............day of................200.. .................... .................................. (signature of the person giving notice) .................................. (witness' signature) | |
BOUNDARY RECTIFICATION | |
| Boundary Rectification means the process where a land owner may apply to the Recorder of Titles for an order to rectify the measurements in a title to comply with established fencing and occupation on the ground. contact us for advice. | |
BOUNDARY REINSTATEMENT | |
| Boundary Reinstatement means the set of rules by which a land surveyor remarks the boundaries of a block of land on the ground from all the available evidence. Nevertheless the final position of a boundary lies with the courts and any accepted boundary is subject to judicial decision at any time. | |
BREACH | |
| Breach: The failure to perform a duty of your contractual obligations. | |
BRIDGING FINANCE | |
| Bridging Finance:
The need often arises for purchasers to complete settlement of a real estate transaction prior to the date that the finance or the proceeds of another sale becomes available. In these circumstances, it may be necessary to obtain bridging finance (a temporary loan) during the period of the time gap and to comply with the terms of the contract in regard to settlement pending the availability of the long term finance. | |
BUILDING ENVELOPE | |
| Building Envelopes:
Sometimes council require that building on an allotment is restricted to a certain location on the lot. This may be due to effluent disposal
matters, scenic controls, services or adjoining owner privacy issues. This restriction is usually shown on the survey plan as a series of dotted lines with lettering attached, and should be read in conjunction with the Schedule of Easements.
SIMPLY: a restriction on the building location on a lot HOW WE ASSIST: we can redefine the location of the envelope and assist you with your house setout. | |
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