Glossary

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The information provided below is general in nature and is a reflection of our personal opinion.
When engaged we will source the respective service provider and supply them with your specific enquiry.

Full List

ROAD TITLES
Road Titles in your name?: It is not unusual for a person to hold title to a parcel of land that they have no rights over because that parcel has been dedicated on the plan of title by a notation referring to the lot as, for example, - - road - road widening - public open space - set apart for drainage purposes For simplicity sake lets call these parcels of land Service Lots. Generally speaking the use of such land inside these service lots is governed by the exact wording, the notation. Where the land has been taken over by a local Council for a public purpose, the land owner may have no right to use the land at all, merely being the registered proprietor of the title. If a plan carries the notations (wording) Road Reserve, Drainage Reserve or Reserve then the lot in question becomes the responsibility of the Crown, even if the name on the title is the original subdivider. SIMPLY: This means that in the past when a subdivision was undertaken those lots that were to become road or Public Open Space or the like sometimes were not transferred to the relevant Council or body. The title stayed in the name of the subdivider. Normally you have no right of use to this land except as a member of the public. It is like holding the land in trust for the public. HOW WE ASSIST : We can determine the status of your entitlement and advise you of your rights.
REAL ESTATE
Real Estate: Land and rights therein and whatever is attached to it, by nature or man.
RECISION
Recision: A procedure by which the parties to a contract mutually agree to release each other. A contract may also be rescinded by the action of one party against another who fails to meet one more conditions of the agreement. For example, a purchaser fails to effect settlement of a purchase by the due date of contract. Generally, a recision of this type is obtained by Court Order.
RECORDER OF TITLES
Recorder of Titles: means the principal officer (of the Lands Titles Office or LTO) appointed by the government to administer the register of land titles in the state.
REMARK (REPEG) SURVEY
Remark or Repeg Surveys: are carried out by authorised land surveyors to re-instate and re-mark your title boundaries and title corners in accordance with land surveyor’s legislation. The resultant re-mark plan is lodged and filed with the Recorder of Titles. The re-mark survey does not change your title boundaries, but the survey marks placed do become part of the recorded cadastral fabric that future surveys and surveyors will need to consider. Survey Fees are applicable. HOW WE ASSIST: If you are going to fence your property or build close to a boundary then you need to know where your boundaries are. Our advice could save you money, particularly if a full boundary re-mark survey is not really necessary for your project. Contact us for advice in relation to these matters.
REQUIRED FOR WIDENING
Required for Widening: means that an obligation runs with that land to dedicate it as a highway when requested to do so by the highway authority. The authority must tender an amount in compensation which would normally be determined as at the date the widening line was originally set out on the sealed plan. SIMPLY In the course of obtaining a permit from a local authority to subdivide a parcel, some portion of the land may be required in the future for road widening purposes. This land can be taken at the time of subdivision and is shown as 'Road Widening' on the survey plan, or can be taken at a later date and is shown as 'Required for Road Widening'
REQUISITION
Requisition: in respect to Land Titles Office documentation means a written notice from the Recorder of Titles requiring additional, amended or other specified information prior to a dealing under examination being registered or otherwise dealt with. Requisitions with respect to a Sales and Purchase Agreement (Contract): allows for the buyer's solicitors to examine the property title. If there is a problem with the title, or if a local authority requires works to be carried out, the buyer may ask (requisition) that the vendor fix these problems or they may have cause to cancel the contract. It also commonly refers to the questions one solicitor may ask of another in relation to his or clients ' title. SIMPLY: May also be a request for additional information or fees from the ‘Recorder of Titles’. Occurs when a dealing such as a subdivision lacks complete data to enable final issue of new titles; served on the surveyor or solicitor or associated professions. HOW WE ASSIST: Surveyors and Solicitors are ‘at pains’ to avoid requisitions. We can assist by determining the nature of the ‘holdup’, the requisition, and ensuring a prompt response.
RESERVE PRICE
Reserve Price: The reserve price is the minimum price (kept between the seller and the auctioneer) the seller will accept for their property at an auction. Buyers must bid to it or they above to purchase.
RESERVED ROAD
Reserved Road: is a strip of land reserved in a Grant of Crown Land to be used as access through it to adjoining land. It is not a Public Road unless and until it has been proclaimed as such nor is it under the control of the local Council.
RIGHT OF CARRIAGEWAY
Right of Carriageway: means a right for a person authorised to do so to drive a vehicle over specified parts of another persons land at any time SIMPLY: This means that you cannot restrict the right of someone to pass over that portion of a title that is defined as 'Right of Carriageway, nor can you build a structure over such area. HOW WE ASSIST : We can determine the location of such a Right of Carriageway on the ground and on plan to allow the design and construction of structures that do not intrude on this right.
RIGHT OF DRAINAGE
Right of Drainage: means the right for a person authorised to do so to construct, maintain and repair sewers and drains over specified parts of another persons land for the removal of stormwater and other surplus water, but without doing unnecessary damage to the other persons land SIMPLY: The right of someone else to drain through your land, to lay and maintain pipes. You cannot usually build over such rights of drainage as you must maintain their right to lay and maintain. Not all pipes (eg Council sewers)need to have a drainage right. HOW WE ASSIST We can determine the location of such a right on the ground and on plan to ensure this right is not intruded upon.
RIGHT OF FOOTWAY
Right of footway: means a right for a person authorised to do so to walk or bicycle over specified parts of another persons land at any time. SIMPLY: This means that you cannot restrict the right of someone to pass over that portion of a title that is defined as 'Footway', nor can you build a structure over such area. HOW WE ASSIST : We can determine the location of such a footway on the ground and on plan to allow the design and construction of structures that do not intrude on this right.
RIGHT OF LIGHT & AIR
Right of Light and Air: means the right for a person to ensure that they preserve the provision of light and air by prohibiting building or block out within a specified area on adjoining land. SIMPLY: means the right for a person who has a window or building on or near a boundary to enjoy the continuing transmission of light and air without being built out or blocked out by an adjoining neighbour. HOW WE ASSIST : We can determine the location and extent of an existing light and air easement, or we can measure up and set out a new light and air site for easement registration purposes.
RIGHT OF WAY
Right of Way: means a right for a person authorised to do so to drive a vehicle over specified parts of another persons land at any time. SIMPLY: This means that you cannot restrict the right of someone to pass over that portion of a title that is defined as 'Right of Way', nor can you build a structure over such area. HOW WE ASSIST : We can determine the location of such a Right of Way on the ground and on plan to allow the design and construction of structures that do not intrude on this right.
RIVER (CREEK OR STREAM) BANK
River (creek or stream) bank: in relation to a boundary means the elevations of land that contain the average flow of water within a defined channel disregarding extraordinary flows of either flood or drought. SIMPLY: A river that may be described as the boundary of a title defines that boundary by it's average flow of water within a defined channel; it means that if the river is in flood the boundary does not move with the flood water. HOW WE ASSIST: The interpretation of boundaries is an opinion that the Authorised Surveyor forms using the best available evidence that the nature of the case allows. River boundaries are rarely debateable in terms of their location; the final boundary will be as determined by the best available evidence.
ROADS & HIGHWAYS
Roads & Highways: An explanation of the terms Road and Highway: The term “road” means a corridor of land shown on a map or plan that may or may not be constructed or open to the public for access purposes. Unmade road lines are either private land or reserved crown land. The term “highway” means a corridor of land maintained by the state or local highway authority and open for continuous use by the public. There are two categories of highways in Tasmania, being “state highways” that are maintained by the state highway authority and “local highways” that are maintained by local municipal councils. Can a person construct a highway? A private land owner may open a local highway with the consent of his or her local municipal council- If a corridor of land has previously been set aside for a road, a land owner will need to utilize the provisions of Part II, Local Government (Highways) Act 1982 If a corridor of land is being created as part of an approved plan of subdivision, a land owner will need to utilize the provisions of Part 2, Local Government (Building and Miscellaneous Provisions) Act 1993. With regard to opening a highway, in general terms a land owner will need to – Submit design plans and specifications to council for approval Construct the road at his or her cost Maintain the road for a statutory period Obtain a certificate of completion from Council. Upon completion, the road line then becomes a highway maintainable by council as part of the public municipal road network. There does not appear to be any legislative mechanism for a private land owner constructing a highway to gain contributions from other adjoining land owners who may be provided with additional access or benefit from the new highway. Constructing an unmade road line for access purposes It may be possible for a person to gain access over an unmade road line with the consent of the corridor land owner. The consent would normally involve the construction of a private access track or roadway as required. In the case of a crown reserved road line, a licence or right of way must be applied for and granted by the department administering the Crown Lands Act 1976 (presently the Crown Land Services Division, DPIWE). In the case of a privately owned road line, a licence or right of way must be sought from and granted by the corridor land owner. The access rights granted in these types of agreements would not normally provide legal frontage for subdivision purposes. SIMPLY: In general terms we see roads being constructed by local developers at there cost, then being transferred to the local Council after a short maintenance period, to then become the Council’s responsibility. Reserved Roads are Crown land and a licence must be obtained before construction or use can take place. HOW WE ASSIST: We have the knowledge and expertise to advise on the status of ‘roads’ and what is required to obtain the right to use such corridors.

Glossary

ROAD TITLES

REAL ESTATE

RECISION

RECORDER OF TITLES

REMARK (REPEG) SURVEY

REQUIRED FOR WIDENING

REQUISITION

RESERVE PRICE

RESERVED ROAD

RIGHT OF CARRIAGEWAY

RIGHT OF DRAINAGE

RIGHT OF FOOTWAY

RIGHT OF LIGHT & AIR

RIGHT OF WAY

RIVER (CREEK OR STREAM) BANK

ROADS & HIGHWAYS