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.
ABSORPTION DRAIN
Absorption drain: is an area of land used for the collection and dispersal of wastewater, where effluent is piped into aspiration pits for absorption into the surrounding soil and evaporation into the atmosphere. Where a land owner constructs or uses an absorption drain on another persons land, that drain should be protected by a right of drainage in the form of a drainage easement. SIMPLY: A building that is not connected to reticulated sewerage will in most cases treat and dispose of effluent into an absorption drain. HOW WE ASSIST: If you are having drainage problems we can advise regarding the construction, improvement or modification of an absorption drain, including council and third party approval and any title easement documentation that may be necessary.
ABSORPTION EASEMENT
Absorption Easement means the right for a person authorised to do so to construct, maintain and drain over specified parts of another persons land for the removal of water and other surplus water as defined, but without doing unnecessary damage to the other persons land. See Absorption Drain. SIMPLY: This means that you cannot restrict the right of someone to construct and maintain pipes and drain to that portion of a title that is defined as 'Absorption easement', nor can you build a structure over such area. Absorption Easements usually relate to the right of another to dispose of effluent within the easement area. HOW WE ASSIST: We can determine the location of such an Absorption easement on the ground and on plan to allow the design and construction of structures that do not intrude on this right.
ACCRETION
Accretion means the gradual movement of a natural boundary along the seashore, a river or a stream. The movement must be natural in its course and progress and not be visible on a daily, weekly or monthly basis. Accretion can be by alluvion (the washing up of sand or soil to become firm ground) or by dereliction (where the usual water mark shrinks below the land).
ADHESION ORDER
Adhesion order means a planning instrument under the seal of a local council that joins two or more blocks of land together as a single parcel, the title that is subsequently created cannot be separated without further council approval SIMPLY: A process where an owner makes application to Council, often as a result of planning approval that joins two or more adjoining titles together. It does not need field survey, is a simple and cheap process HOW WE ASSIST: We can organise the necessary documentation and lodgement with Council through to issue of the new title.
ADVERSE POSSESSION
Adverse Possession: a person occupying someone else's land may be able to claim title by adverse possession, however recent law reform has changed the rules and makes the payment of rates by the claimant, amongst other things, a prime factor in any claim. See our Forum under Adverse Possession - Can someone Claim your Land
AEROBIC WASTEWATER TREATMENT SYSTEMS (AWTS)
Aerobic Wastewater Treatment Systems (AWTS), or Package Treatment Plants: There are a growing range of on-site wastewater treatment systems available today including the traditional Septic Tank system along with newer treatment systems such as Aerobic Wastewater Treatment Systems (AWTS), Wet Composting Systems, Sand Filtration Systems and Electro-flocculation Systems. 1) Traditional Septic Systems - Septic tanks have been used in un-sewered areas for many years as the most suitable form of primary treatment of sewage. The septic tank is an underground watertight tank generally constructed of concrete or plastic which is usually divided into at least two compartments. The tank receives all sewage and separates the solid portion of the waste from the liquid portion. The liquid portion (effluent) passes out of the tank after approximately 24 hours. The tank performs three functions:  It acts as a settlement chamber for solid materials  It allows some bacterial breakdown of waste materials to occur  It acts as a storage chamber for undigested solid materials which must be removed periodically (usually every 4 years) A number of problems can arise from their use and poor maintenance including:  Sludge accumulating in the tank filling household pipes may become filled with sewage and clogging of the subsoil soil trench system solids.  Effluent rising to the surface posing a risk to public health, particularly to children playing in the vicinity.  Unpleasant smells emanating from the system.  A breeding ground for mosquitoes  After a number of years of use, some soakage systems may fail and require replacement. 2) Aerobic Wastewater Treatment Systems (AWTS) An aerobic wastewater treatment unit is designed to treat septic tank effluent to a level suitable for surface irrigation within the site. The unit may incorporate a septic tank or it may be separate. Following primary treatment in the septic tank, the effluent is treated by a process of aeration, settling and disinfection and then pumped to a dedicated irrigation area as reclaimed water. Aerobic wastewater treatment systems have a series of treatment processes such as aeration followed by clarification to breakdown and treat the wastewater, which is then disinfected, usually by chlorine, before pumping the treated effluent over the land. SIMPLY: There are now a number of acceptable options available including the traditional septic tank. HOW WE ASSIST: We are closely aligned with professionals who can advise and assist with the design and construction of an acceptable waste water system.
AGENT OR AGENCY
Agent or Agency An agency is the lawful relationship that exists between two (or more) people where one (the agent) is authorised to act on behalf of the other (the principal) to do certain things that involve third parties. For estate agents, they represent their vendor or property owner/landlord (principal) in presenting property to third parties (buyers or tenants) and negotiating a sale between seller and buyer on behalf of the seller or a lease between property owner and tenant on behalf of the property owner. In most States, laws governing estate agents requires that agents must always be appointed in writing to legally have a claim on the principal for the payment of commission.
APPEAL TRIBUNAL NOTICE
Appeal In the context of this glossary, an appeal lodged against a condition or conditions in a subdivision permit issued by a local Council ie you have rights of appeal under Sections 61 & 62 of the Land Use Planning and Approvals Act 1993 (as amended), that relates to appeals. These provisions should be consulted directly, but the following provides a guide as to their contents. Planning Appeals shall be instituted by lodging of a notice of appeal with a Clerk of the Resource Management and Planning Appeal Tribunal. Planning Appeals shall be instituted within the 14 days of date the corporation who served the notice of the decision on the applicant. Below is an example of a standard Appeal Format that can be used to lodged an appeal: RESOURCE MANAGEMENT AND PLANNING APPEAL TRIBUNAL LAND USE PLANNING AND APPROVALS ACT 1993 NOTICE OF APPEAL TO: The Resource Management & Planning Appeal Tribunal G.P.O. Box 2036 HOBART TAS 7001 I/WE of (Residential Address) Hereby appeal against the decision of the (insert name of planning authority) in relation to Application No: of which decision notice was given to me by (state method of notice, eg. letter, advertisement etc). on (date) being: 1. A refusal to grant a dispensation from a provision of an interim order (S.61(1)); 2. The granting of a dispensation from a provision of an interim order (S.61(2)); 3. A requirement by a planning authority for additional information (S.61(3)); 4. A refusal to grant a permit (S.61(4)); 5. The grant of a permit subject to conditions or restrictions (S.61(4)); 6. The grant of a permit (the appellant being a person who has made representation) (S.61(5)); 7. The failure of the Planning Authority to determine the application within the period applicable under S.59 of the Land Use Planning & Approvals Act 1993, to grant planning approval. (S.59) *Delete whichever is not applicable ____________________________________________________________________________ LOCATION & DESCRIPTION OF DEVELOPMENT OR USE NO ROAD/STREET TOWN/LOCALITY LOT NO. (If available) SEALED PLAN NO (If available) NAME OF APPLICANT ADDRESS OF APPLICANT DESCRIPTION OF DEVELOPMENT OR USE GROUNDS OF APPEAL This appeal is in respect of the conditions of the permit identified below for the reasons stated.
APPEAL TRIBUNAL
The Resource Management & Planning Appeal Tribunal issued the following guide to the Public: YOUR GUIDE TO THE RESOURCE MANAGEMENT AND PLANNING APPEAL TRIBUNAL APPEALING TO THE TRIBUNAL The Tribunal hears appeals under the following Acts: · Land Use Planning and Approvals Act 1993. · Environmental Management and Pollution Control Act 1994. · Cultural Heritage Act 1995. · Living Marine Resources Management Act 1995. · Marine Farming Planning Act 1995. Those Acts state what decisions can be appealed and who may appeal. LODGING AN APPEAL To appeal a decision, complete and lodge a ‘Notice of Appeal’ with the Tribunal. Forms are obtainable from the Tribunal office. Notices of Appeal under the Land Use Planning and Approvals Act 1993 must be lodged with the Tribunal within 14 days from the date Council’s decision was posted to you or otherwise served on you, or in the case of appeals under other Acts named above, within 14 days from the relevant decision. A $50.00 fee applies on lodgement of your appeal. JOINING AS A PART TO AN APPEAL You may apply, in writing, to join as a party to an appeal if your interests are affected by the decision appealed against. You may be restricted to arguing only those points directly raised by the original appellant. Apply to join before the directions hearing; if you do so later it may cause cost and delay. DIRECTIONS HEARING A directions hearing is a preliminary meeting of the parties either before the Registrar or a Tribunal member. It is usually held within two weeks of lodgement of the Notice of Appeal. Directions will be given as to the supply of all evidence to each party and the Tribunal prior to the full hearing. At this hearing you may request documents from the other parties to assist in structuring your own case. Directions will be given as necessary. One purpose of the directions hearing is to see whether the appeal can be resolved by mediation or whether it will need to go to a full hearing. MEDIATION Mediation conferences are conferences with the Registrar to allow all the parties to find their own mutually acceptable solution to an appeal, instead of having one imposed upon them by the Tribunal. Appeals and directions hearings are advertised in the public notices section of your local newspaper so that others whose interests are affected can attend and/or join as a party. PREPARING FOR A FULL HEARING In preparation for a full hearing, all evidence you wish to present in support of your case must be in written (proof) form. PROOF OF EVIDENCE A proof of evidence is a written statement of the evidence of any witness, including any expect witness. * Ensure that your expert witness(es) include in the proof of evidence their relevant qualifications. Evidence in support of your case may include photographs, video/audio tapes, plans or maps, and documents. As a general rule evidence which has not been given as directed to all other parties is not allowed at the full hearing. FULL HEARING SEQUENCE OF PRESENTATION BY PARTIES: · Firstly, the developer or active party · Secondly, the planning authority (Council) or decision making authority · Finally, any other parties to the appeal. GIVING EVIDENCE IMPORTANT Each witness MUST be present at the hearing so that their evidence can be tested by cross-examination from opposing parties. Without the witness being present the proof of evidence may be disregarded. As all parties and Tribunal members have been given the opportunity to read all the evidence prior to the hearing, there is no need for it to be read aloud at the hearing. Each witness states their full name, address and occupation and then confirms (and if necessary corrects) their proof of evidence. CROSS-EXAMINATION Following the evidence of each witness, the Chairperson invites opposing parties’ representatives and Tribunal members to ask questions of that witness. ONLY AS QUESTIONS - DO NOT MAKE STATEMENTS When asking questions directly of the witness, it is best to keep the questions short, relevant and concise and give ample time for a response. If you have photographs, a statement or any other evidence which directly contradicts what the witness has stated or was in his/her proof of evidence, you may present these to the witness and then ask him/her questions about that evidence. WHEN CROSS-EXAMINING YOU SHOULD NOT make comments or statements, there will be an opportunity to make these comments when summing up your case; ONLY ASK QUESTIONS; question the witness on matters which are outside his/her scope of knowledge; question a witness on matters which are not relevant to the issues before the Tribunal, such as how/why the Councillors may have acted; ask more than one question at a time; feel that you have to cross-examine. Often other parties may ask a question that you were going to ask the witness. Don’t ‘flog a dead horse’. RE-EXAMINATION Following cross-examination the party who called the witness is invited by the Chairperson to re-examine the witness. Re-examination of the witness enables clarification of issues raised during cross-examination, not new matters. FINAL SUBMISSIONS Final submissions enable parties to summarise their case to the Tribunal. The Chairperson will direct the order of final submissions. If there is insufficient time the Chairperson may request that the final submissions be given in writing. INSPECTION OF THE SITE In most cases the Chairperson and Tribunal members inspect the site, generally without the parties. THE DECISION The Tribunal usually reserves its decision and posts it to the parties in approximately 14 days. The Tribunal must hear and determine an appeal within 90 days of it being lodged. Once the Tribunal has handed down its decision, it has no further jurisdiction and, subject to certain exceptions set out in the relevant Act, cannot enter into any correspondence with the parties in relation to the decision. Can I appeal the decision of the Tribunal? You may appeal to the Supreme Court from a decision of the Tribunal, but only on a question of law, not of fact. The Tribunal will not be involved in that appeal as a party. APPLICATION FOR COSTS Parties may make an application for cost* within 14 days from the date of the decision. Factors the Tribunal must take into account when deciding whether one party should pay another’s costs are; · the result of the appeal, · whether frivolous or vexatious issues have been raised, · whether the appeal hearing has been unnecessarily or unreasonably prolonged or its costs increased, and · the capacity of parties to pay any order for costs. * ‘Costs’ are the professional fees and expenses directly incurred in the conduct of the appeal, not the cost of parties’ lost time. OTHER HELPFUL INFORMATION Should I be represented by a lawyer, planner or other person? To help you decide, consider whether you are able to present your case from beginning to end (from the completion of the Notice of Appeal to the full hearing). If there are any areas where you care unsure or need clarification it may assist you to seek some advice. The Tribunal has established a register of professional experts who are prepared to provide advice in the area of their expertise on a first consultation basis without charge. Should this be sought please contact the Tribunal staff. Who will be conducting the hearing? For a full hearing the Tribunal is normally composed of a Chairperson and two other members. The Chairperson is usually a legal practitioner and the remaining members are specialists with knowledge in a particular field, for example architects, engineers, town planners. How should I address the Chairperson, Tribunal members or Registrar and should I stand? When addressing the Chairperson or Tribunal Members it is not necessary to stand. The Chairperson should be addressed as “Mr/Madam Chairperson” or “Sir/Madam”. Tribunal members should be addressed as, ‘Sir/Madam’, or alternatively, by the title and surname. The Registrar should be addressed as ‘Registrar’. Civil Enforcement Proceedings Please refer to the relevant brochure. ANY FURTHER ENQUIRIES If you have any further enquiries you are welcome to telephone the office of the Tribunal. The Registrar and staff will assist you in procedural matters but are unable to give legal advice or to advise upon the merits or prospects of success of an appeal. The Appeal Tribunal is located on the 3rd floor of the TGIO building, 144-148 Macquarie Street, Hobart Our telephone number is: (03) 6233 6464 Our facsimile number is: (03) 6224 0825 SIMPLY: Take advice on whether you should be represented or not, try to mediate. HOW WE ASSIST: We can advise whether you need expert witnesses to assit your case and source such professionals for you.
APPEAL
Appeal:Many decisions made by local councils in respect to planning applications, and orders made by the Recorder of Titles in respect to strata title dispute resolution, are subject to appeal. Depending on the decision made, an appeal may be made to the Resource Management and Planning Appeal Tribunal or the Supreme Court.
APPELLANT
The Appellant is a person who has made representation in respect of a Planning decision. See appeal in our Glossary
APPRAISAL OF VALUE
Market Appraisal (Appraisal of Value) An opinion by a real estate agent who is not a registered valuer of the potential selling price.
ASSENT
Assent means: a transfer by way of assent is where the personal representatives of a deceased person vests that deceased person's real estate interests and estate into the name of the beneficiary as set out in the terms of the will.
ASSETS
Assets Physical belongings (including land) which have a value in monetary terms and which can be owned or possessed.
AUCTION
Auction: A marketing option where you list your home without a price supported by very intensive marketing, and leading buyers to an auction day and time where they must bid against each other to successfully purchase your home, usually unconditionally. (see Reserve Price)
AUCTIONEER
Auctioneer: Person holding an Auctioneer's Licence enabling them to conduct and call auctions.
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.
CAPITAL GAIN
Capital Gain: For property, the difference between the selling price and the original purchase price. In assessing tax on capital gains, the Australian Taxation Office usually takes into account any capital improvements made on the property and makes an allowance for adjustments in the Consumer Price Index.
CAVEAT
Caveat means a document lodged with the Recorder of Titles by a person authorised to do so forbidding the recording of any dealing on the title subject to the caveat Literally means beware. In real estate, it warns persons (prospective purchasers, mortgagees, etc.) who propose to deal in the land that a third person (normally the person lodging the caveat at the Titles Office) has some right or interest in the land.
CHATTELS
Chattels: Items you sell with the home such as carpets, light fittings, drapes, curtains, and the like. Any different chattels, such as a stove or dishwasher are also noted on the contract if they are to be included in the sale.
CIRCA
Circa: About; around; an approximation. Circa 1920 in a real estate advertisement would indicate that the main part of the property was built about 1920.
CLIENT (OF AN AGENT)
Client :The person who engages the services of an agent and who will pay the agent his or her commission or fees in return for those services. A buyer is a customer, rather than a client.
CMA
CMA Means Current or Competitive Market Analysis (CMA) It is a written price comparison produced by your estate agent of your home with others that are for sale or were recently sold.
COLLATERAL
Collateral: A separate item of property, either real estate or personal, provided to a lender as additional security to the principal properly used as security for a loan.
COMMISSION
Commission: Remuneration of a real estate agent for services rendered, normally the marketing and selling of property. The amount of commission is usually a prescribed percentage based on the price in the contract of sale.
COMMON LAW OR OLD SYSTEM TITLE
Common Law or Old System Title is a form of title by which title is established by proving a chain of dealings from the original grantee to the present owner as set out in the Abstract of Title (written recording).
COMMON PROPERTY (STRATA)
Common Property in relation to a strata scheme means all the land that is not within the boundaries of a lot, together with the shared service infrastructure and all other property administered by the body corporate. Contact us for advice in relation to these matters.
COMPANY TITLE
Company Title: Right to occupy permanently part of a property based on the ownership of shares in a company, which is the registered proprietor of the total company. This was the common method of ownership prior to the introduction of strata title ownership.
COMPILED PLANS
Compiled Plans: The Recorder of Titles will, generally speaking, accept a compiled plan to support a part of land transfer provided that all the lot boundaries have been previously surveyed and marked on the ground. The bearings and distances around a compiled lot must be capable of mathematical closure and must comply with the relevant land surveyor’s by-laws dating from the time of the original survey. Land surveyor’s by-laws have been regulated since 1884. Section 143A, Land Titles Act 1980 provides the Recorder of Titles with power to specify plan formats, including the requirement in any particular case for a plan to be made from actual survey. Land owners need to be aware that even if the original survey markings are no longer in place around a compiled block, there are established rules of boundary re-instatement that will allow the boundaries to be re-marked at any time in the future. SIMPLY: Many plans of title have been prepared without the need for actual survey to be made, so while land owners may think that their title boundaries are accurate and up to date this is not always the case. HOW WE ASSIST: We can advise, usually by inspection of the plan, if a recent field survey has been undertaken or we can advise when the title boundaries were last surveyed. Contact us for advice in relation to these matters.
CONDITIONAL CONTRACT
Conditional Contract :A written contract that is signed by the seller and the buyer, but where one or more conditions need to be met, usually within a specified time period. For example, a contract may be subject to the purchaser raising finance from a specific lender within a specific period (referred to as a 4(b) clause), or subject to the sale of another property (referred to as a 4(c) clause).
CONDITIONS OF APPROVAL
Conditions of Approval in relation to a planning permit granted by a local council means that the approval is subject to such conditions or restrictions as the planning scheme may impose to further the objectives of the state planning legislation.
CONJUNCTION
Conjunction: Where an agent acting on behalf of owners allows another agent to introduce a buyer to the property. In this instance, both agents share the commission and are acting in conjunction. Agents may also be appointed conjointly to market a property.
CONSIDERATION
Consideration: The price in a contract, which is usually money, but can be exchange of a commodity or other property or a transfer of personal effort.
CONTOUR & DETAIL SURVEYS
Contour & Detail Surveys are carried out to provide both horizontal and vertical details over your land and are normally undertaken so that further construction work can be designed and constructed without interference to existing infrastructure. A detail survey would normally locate and fix boundary fences, buildings, services such as water, stormwater, sewerage, gas, telecommunications, electricity and other structures or impediments over your land. HOW WE ASSIST We can co-ordinate with other allied professionals so that the survey is tailored to the precise requirements of your project. There is always the possibility we may already have the data you need. Contact us for advice in relation to these matters.
CONTOUR
Contours are a means of depicting the 'slope' of land on a plan. They are a line that graphically join points of equal height. See 'Slope' in this glossary. Contact us for advice in relation to these matters.
CONTRACT OF SALE
Contract (or Contract of Sale): A legally enforceable agreement. Most of the rules of contract law in Australia come from the common law. Although there are different statutory provisions in each of the States covering various aspects of contracts. For a contract to be enforceable there must be: An Offer; Acceptance; An intention to enter into the agreement. Consideration (price); and The ability to contract. Some contracts, such as for the sale of land or real estate, must be in writing.
CONVERSION TABLES
METRIC CONVERSION TABLE OnlineConversion.com Convert just about anything to anything else. OR To Convert Multiply by Inches to Centimetres 2.5400 Links to Metres 0.201168 Feet to Metres 0.3048 Yards to Metres 0.9144 Miles to Kilometres 1.6093 Miles per Hour to Feet per Second 1.467 Square Inches-Square Centimetres 6.4516 Square Feet to Square Metres 0.0929 Square Miles to Square Kilometres 2.5900 Acres to Hectares 0.4047 Cubic Inches to Cubic Centimetres 16.3871 Cubic Feet to Cubic Metres 0.0283 Gallons to Litres 4.5460 Ounces to Grams 28.3495 Pounds to Grams 453.5920 Pounds to Kilograms 0.4536 To Convert Multiply by Centimetres to Inches 0.3937 Metres to Feet 3.2808 Metres to Yards 1.0936 Kilometres to Miles 0.6214 Feet per Second to Miles per Hour 0.682 Square Centimetres-Square Inches 0.1550 Square Metres to Square Feet 10.7639 Square Kilometres to Square Miles 0.3862 Hectares to Acres 2.4711 Cubic Centimetres to Cubic Inches 0.0610 Cubic Metres to Cubic Feet 35.3145 Litres to Gallons 0.2200 Grams to Ounces 0.0353 Grams to Pounds 0.0022 Kilograms to Pounds 2.2046
CONVEYANCE
Conveyance in relation to general law or old system land means the passing of a legal estate from one person to another by gift or sale. The conveyance is effected when the vendor executes the deed. SIMPLY: A conveyance is part of a bundle of deeds that make up the “root” of title, usually over a twenty year period. Conveyances are passed from vendor to purchaser upon settlement. The advantage of the Torrens land system is that the land title is maintained by the Recorder of Titles in a single up to date file document. Conveyances may describe boundaries in words rather than in plan form and often need further interpretation. HOW WE HELP We can interpret Conveyances and advise you of your entitlement under such a document.
COVENANT
Covenant means an agreement, contract, convention, treaty, promise or pledge. In terms of a 'Covenant on a Certificate of Title', it is viewed as a restriction describing what CANNOT be done. When viewing a Covenant it is at once apparent that they are described in the 'negative'...you shall not!! SIMPLY: Many covenants in old subdivisions are now superseded by planning schemes and these days most covenants are created in a schedule of easements attached to a subdivision plan sealed by the local council. HOW WE ASSIST: We can interpret Covenants for you or create them if desired (on your land or land you control) or remove them (with all owners affected and Council agreeing)
CROWN RESERVATION
Crown Reservation means land reserved by the crown in a land grant and where the reservation is a certain width from a natural boundary, the boundary is fixed in that position even if the natural boundary subsequently moves.
CT OR CERTIFICATE OF TITLE
CT or Certificate of Title means the owner's copy of a folio of the Register created by the Recorder of Titles and is the paramount document of ownership in the Torrens land title system.. ie. The document of title to land held under the Torrens System. It consists of two duplicate deeds stating the interest of a person (the registered proprietor) in land held under the Torrens System. The titles are numbered. One record is the computer record folio of the Register maintained by the Recorder of Titles and the other is held by the owner (registered proprietor) or, more usually, their solicitor or bank on their behalf. It is a hard paper copy certificate of title held by the person controlling the land; that person could be an owner, a solicitor or a bank. When there is a transaction affecting an interest or ownership over the land, a new folio and certificate are created by the Recorder of Titles.
DATE OF SETTLEMENT
Date of Settlement: In relation to real estate transactions, it is the day on which the contract requires the seller (vendor) to transfer his or her interest in the property to the buyer (purchaser). Whilst most sales proceed on the settlement date, there can be settlements earlier or later than the date by agreement.
DATUM
Datum means a previously defined and safe horizontal or vertical starting point that a land surveyor can use to re-instate or define title boundaries.
DEEDS OFFICE
Deeds Office is the registry of deeds and associated general law documents indexed, deposited or registered under the custodianship of the Recorder of Titles. The Registry is open to the public for land information searching purposes- SIMPLY: It is the office where ‘Conveyances’ are registered and kept. HOW WE ASSIST: We can search the ‘Deeds Office’ and give you advice on your General Law Deeds (Conveyances).
DEPOSIT
Deposit: The amount of money placed in trust, and usually held by the estate agent, as evidence of good faith for the performance of a real estate transaction.
DEPRECIATION SURVEY
Depreciation Survey: relates to a report undertaken to assess the value of chattels and fixtures for rental properties at a certain date for taxation purposes. Contact us for advice in relation to these matters.
DEPRECIATION
Depreciation: A measure of how much an asset declines in value. The decline may be caused by wasting away (a machine wearing out, a house deteriorating) or by obsolescence (overcome by new fashions or more efficient alternatives).
DEVELOPMENT APPLICATION
Development Application means the process that must be gone through to obtain approval from the Local Council to undertake improvements, development or land use changes in accordance with the Planning Scheme. Councils charge Fees for this assessment, usually based on the number of parcels involved. SIMPLY: It is the application made to a local Council to subdivide, build or develop ones entitlement. HOW WE ASSIST: We have local knowledge of all Planning Schemes and Council requirements to further any Development Application. Contact us for advice in relation to these matters.
DISCLAIMERS (SURVEY)
Disclaimers These originated from the insurance field. They are utilised by the Survey & Engineering Professions to indicate to clients the extent of responsibility accepted and to ensure the client is aware of what is not included in the survey. DISCLAIMER Contour and Detail Plans. The title boundaries as shown hereon were not marked at the time of survey and have been determined by plan dimensions only and not by field survey. Services shown hereon have been located where possible by field survey. If not able to be so located services have been plotted from the records of relevant authorities where available and have been noted accordingly on this plan. Where such records either do not exist or are inadequate a notation has been made hereon. Prior to any demolition, excavation or construction on the site, the relevant authority should be contacted for possible location of further nderground services and detailed locations of all services. DISCLAIMER Engineering Set Out - Buildings (1) Set out dimensions are based on design drawings supplied to the Surveyor at the time of and for the purpose of carrying out the survey. The builder should verify all set out dimensions shown on this plan with the latest approved design drawings. Any discrepancies should be clarified in writing with the surveyor prior to commencement of the work for confirmation of this survey. The boundary location as shown on this plan is from information or marks placed by others, the verification of which does not form part of this survey. DISCLAIMER Engineering Set Out - Buildings (2) Set out dimensions are based on design drawings supplied to the surveyor at the time or and for the purpose of carrying out the survey. The builder should verify all set out dimensions shown on this plan with the latest approved design drawings. Any discrepancies should be clarified in writing with the surveyor prior to commencement of the work for confirmation of this survey. DISCLAIMER Engineering Set Out - General Set out dimensions of all grid lines, control lines, recovery marks and bench marks should be verified and confirmed by the builder and any discrepancies should be clarified in writing with the surveyor prior to commencement of the work. DISCLAIMER Identification Surveys This plan is of an identification survey only, and as such is not examined for registration by the office of the Registrar of Titles, although it is lodged in that office for survey information only in accordance with the Surveyors Regulations 1978. No responsibility can therefore be accepted for any future difference in boundary definition which may result from re-survey of adjoining lands or subsequent registration of new survey plans. Building Setouts Those instructing Building Setouts can expect to be asked to endorse a certificate such as: INTERPRETATION OF ARCHITECTURAL PLANS FALLS OUTSIDE A SURVEYORS AREA OF EXPERTISE. IT IS ASSUMED THAT OFFSETS OR OTHER SETOUT DIMENSIONS THAT ARE CONSIDERED CRITICAL TO THE INTENDED LOCATION OF THIS STRUCTURE HAVE BEEN PROVIDED AND AS SUCH ARE SHOWN ON THIS PLAN. IT IS THE INSTRUCTORS RESPONSIBILITY TO CHECK THOSE DIMENSIONS SHOWN ON THIS PLAN. I ...................................CONFIRM I HAVE CHECKED THE DIMENSIONS SHOWN ON THIS PLAN. SIGNED:.................................................. DATE:................. Proposal Plans: (i) This plan was prepared for the purpose and exclusive use of xxxxxxxxxxx to accompany an application to the xxxxxxxxx for approval to subdivide the land described in the plan and is not to be used for any other purpose or by any other person or corporation. Cromer & Partners accepts no responsibility for any loss or damage suffered howsoever arising to any person or corporation who may use or rely on this plan in contravention of the terms of this clause. (ii) The contours shown on this plan are taken from Council Planning Scheme Sheet xxxxx and are suitable only for the purposes of this application. No reliance should be placed upon such contours other than for the purpose of this application for subdivisional approval. (iii) Measurements and areas are subject to final survey. (iv) This plan may not be copied unless this note is included. SIMPLY: Clients should discuss with their surveyor their requirements and ensure that the resultant survey satisfies their needs. HOW WE ASSIST: We can discuss with you the content of any proposed disclaimer to ensure that you are being provided with the correct information produced by the correct adviser. Contact us for advice in relation to these matters.
DISPERSMENT
Disbursements: Money paid out. Expenditures such as advertising expenses, rates and taxes, insurance, or the like, paid by an agent or solicitor on behalf of an owner.
DOMINANT & SERVIENT TENEMENT
Dominant Tenement See Easements You are the owner of a strip of land concerned that in legal terms is subject to a right of way. In technical legal terms, you are known as the owner of the servient tenement and your neighbour, who is the owner of the right of way, is known as the owner of the dominant tenement. Contact us for advice in relation to these matters.
DRAINAGE EASEMENT
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: This means that you cannot restrict the right of someone to construct and maintain pipes over that portion of a title that is defined as 'Drainage Easement', nor can you build a structure over such area. HOW WE ASSIST : We can determine the location of such a Drainage Easement on the ground and on plan to allow the design and construction of structures that do not intrude on this right. Contact us for advice in relation to these matters.
EASEMENT OF SUPPORT
Easement of Support is best defined by: The full right and liberty at all times hereafter to have the existing building erected upon the land comprised in Folio of the Register Volume XXXXX Folio XX as at the date of this transfer and any future building requiring for it's stability the same or any legs support than the existing building from the soil and existing building erected on the land comprised in Folio of the Register Volume ZZZZZ Folio ZZ being both lateral and subjacent support upheld and maintained by the soil and existing building erected on the land comprised in Folio of the Register Volume ZZZZZ Folio ZZ PROVIDED ALWAYS that this easement of support shall not be construed to prevent the owner for the time being of the land comprised in the Folio of the Register Volume ZZZZZ Folio ZZ or it's successors in title from making excavations or carrying out works of any nature or kind provided that in making any excavation or carrying out works for any purpose sufficient support for the existing building or any future building shall be provided by with natural or artificial means and that not excavations or works shall be made of a permanent nature without leaving permanent means of support. SIMPLY: An easement of support is a way of ensuring that whatever is required to maintain the support of a building is maintained (not removed or 'weakened')by the other party. HOW WE ASSIST: We can redefine the location of such easements and explain the extent of area to be maintained. Contact us for advice in relation to these matters.
EASEMENT TO BATTER
Easement to Batter 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.
EASEMENT
Easement: A right which a person has to use land belonging to another for a particular use without taking ownership of the land. This right must be attached to another piece of land, called the dominant tenement. The most usual easements are rights of way and easements for the flow of water or sewerage over and through another's land. Contact us for advice in relation to these matters.
EAVES EASEMENT
Easement of Eaves means the right of the owners and occupiers for the time being of the dominant tenement to have eaves projecting or overhanging that portion of (for example) lot 'x' marked 'w''x''y''z' on the plan, and includes the right to enter in and upon the land for the purposes of repairing and maintaining such eaves at all times with or without workmen and making good any damage thereto occasioned by such entry in use. SIMPLY: an easement that allows the eaves on one building to overhang the boundary of the land into the ownership of another. HOW WE ASSIST: We can advise of the extent of such an easement and redefine it's location if the eaves themselves are missing. Contact us for advice in relation to these matters.
EFFLUENT DISPOSAL
Effluent Disposal is a necessary part of developemnt approval and is a significant issue in unsewered areas. Effluent must be contained within the boundaries of the allotment in question or an Absorption Easement See Septic Tank in this Glossary. Contact us for advice in relation to these matters.
ELECTRICITY INFRASTRUCTURE EASEMENT
Electricity Infrastructure Easement is best defined by: FIRSTLY all the full and free right and liberty for Aurora Energy P\L and it's successors and it's and their servants agents and contractors (hereinafter call "the Corporation" at all times hereafter: a) TO maintain and lay erect and install anything used for, or in connection with the generation, transmission or distribution of electricity including powerlines (overhead or underground), substations for converting electricity, substations for transforming or controlling electricity and equipment for metering, monitoring or controlling electricity (hereinafter called "electricity infrastructure) of such materials and type as the Corporation may determine above, on or under the land respectively marked "Easement Infrastructure Easement" on Plan (hereinafter called the servient land. b) TO enter into and upon the servient land for the purpose of examining, operating, maintaining, repairing, modifying, adding to or replacing electricity infrastructure without doing unnecessary damage to the said servient land and making good all damage occasioned thereby. c) TO erect fencing, signs, barriers or other protective structures upon the servient land if in the opinion of the Corporation these are necessary for reasons of safety. d) TO cause or permit electrical energy to flow or be transmitted or distributed through the said electricity infrastructure. e) TO enter into and upon the servient land for all or any of the above purposes with or without all necessary plant equipment and machinery and the means of transporting the same and if necessary to cross the remained of the said land of the registered proprietor/s for the purpose of access and regress to and from the servient land. NOTHING herein contained shall precent the registered proprietor/s for themselves and their successors in title from using the servient land PROVIDED THAT such use does not derogate from this grant or, in the opinion of the Corporation's electricity infrastructure locate, on or above or under the servient land. SECONDLY the benefit or a covenant for Aurora Energy P\L and its successors with the registered proprietor/s for themselves and their successors in title of the servient land not to erect any buildings or place any structures or objects within the said easements without the prior written consent of the Corporation to the intent that the burden of the covenant may run with and bind the servient land and every part thereof and that the benefit thereof may be annexed to the easements hereinbefore described SIMPLY: this means that the authority that enjoys the easement has the right to erect and maintain structures on your land.It usually also means that you are not allowed to erect any structure within the boundaries of the easement HOW WE ASSIST: If your title indicates a Wayleave or Infrastructure Easement we can mark it's location on the ground and also show it's relationship to other structures and title boundaries. In this way one can design and build improvements without intruding into the easement and contravening the rights of the easement holder Contact us for advice in relation to these matters.
EMBANKMENT EASEMENT
Embankment easement: means the right for a highway authority to maintain the slope and stability of adjoining land below a highway to ensure the highway does not collapse onto that land. 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.
ENCROACHMENT
Encroachment: An unlawful gaining of part of the land of a neighbour. An encroachment is usually in the form of a fence, or portion of a building, erected by someone on his or her neighbour's land.
ENCUMBRANCE
Encumbrance: An encumbrance on a title is usually a limitation such as a covenant or easement.
ENGINEERING SURVEYS
Engineering Surveys: are carried out to provide both vertical and horizontal details over your land to facilitate the further engineering design of roads or servicing. HOW WE ASSIST: We can co-ordinate with other allied professionals so that the survey is tailored to the precise requirements of your project. Contact us for advice in relation to these matters.
EQUITY
Equity: The value or purchase price of a property less the amount of any loans charged or secured against the property. Equity is the proportion of the property value that the owner can call his or her own.
ESTATE
Estate:An estate is an interest in land.
EXCLUSIVE AGENCY
Exclusive Agency: Another name for sole agency. The property is given for sale to one agent only for a specified period.
EXTENTION AGREEMENT
Extension Agreement: An agreement to extend the terms of a document or contract. An extension agreement in a mortgage, for example, grants additional time to perform one or more of its provisions.
F.I.R.B. (FOREIGN INVESTMENT REVIEW BOARD)
F.I.R.B. (Foreign Investment Review Board): A Commonwealth Government organisation that provides guidelines for the approval of purchase of Australian property by those who are not Australian citizens.
FEE (AGENTS)
Fee: The fee or commission for selling the home payable by the seller to the real estate company.
FEE SIMPLE
Fee simple: means a freehold estate with an entire and absolute interest in the land and is the closest thing to absolute ownership that common law feudalism allows. ie. Freehold or Fee simple Owners of property have a fee simple or freehold estate, which is the highest form of ownership and is for an unlimited duration. An owner can use the land in any way desired, subject to the usual environmental, building, zoning. mining and other controls established by Government.
FEES (SURVEY):
Survey Fees are usually Time & Costs. Estimates given do not include GST: Boundary Survey costs are directly related: 1. The age and proximity of the most recent adjoining surveys and the survey marks that may or may not still exist. The older the most recent survey, the less likelihood that survey marks from that survey still exist. Unfortunately, the existence of such marks cannot be confirmed until the survey is under way. In many cases there are NO marks left in the vicinity. This then requires the surveyor to survey to out lying corners to either find additional old marks OR to utilise other further afield evidence to satisfy himself the land that his client is entitled to. 2. The slope of the land. 3. The extent and thickness of the vegetation. Note that surveys by GPS require reasonably clear access to the sky. 4. The proximity or otherwise of Map Grid of Australia (MGA) survey control marks. (we are now required by law to connect to such MGA control). These are red coloured ‘brass plaques’ placed at random throughout the state. 5. All surveys that involve the placement of survey marks MUST be registered at the Lands Titles Office by means of the preparation of a Plan and lodging of same. 6. See notes below concerning Boundary Redefinition for reasons why estimates are sometimes exceeded & Survey Methodology for an explanation of why we do what we do! Another option (to possibly come up with a better estimate) is to spend some money now on a search of the survey information to determine the age of adjoining surveys + MGA locations etc. This information belongs to the client. Boundary Redefinition: The surveyor is responsible by State Legislation to ensure the integrity of the State Cadastre. He\she has delegated authority to undertake boundary definition within the State to a specified standard. Sometimes, within the course of a field survey, it becomes apparent that there is a problem or a particular aspect of his\her survey that requires further investigation and clarification. This may only be apparent once the surveyor enters the field to undertake his\her survey. Consequently, in some cases, estimates are exceeded in the course of the surveyor carrying out his\her resposibilities as described in the relevant Acts. We will always attempt to contact the client from the field to explain this situation if it arises and the reason for the increase in estimated fees. In some cases such increases can be quite onerous. Please Contact us if you have any queries in relation to this matter. Survey Methodology: Historically, surveyors entered the field with pack horses, a cook, camp equipment, someone to look after the horses, 5 chainmen, some axemen and most likely a survey assistant or two. Field work represented 95% of the time involved and therefore the equivalent percentage in the final fee. We have been gradually working towards a situation where now with such ‘tools’ as GPS (note not always the total solution) we spend 50% of the time in the field and the remainder in front of the computer. Boundary Surveys & solutions by GPS require very good preparation and uploading of resultant data to the GPS Data Recorder. GPS is simply another, quicker way of measuring. It does not supply a magical solution to boundary issues but allows the surveyor to more quickly seek solutions in the field, if he\she is well prepared. His\her expertise is still required to form an opinion of the boundary entitlements in accordance with accepted practice (best available evidence). Some regulations that come into play when boundaries are under survey are: (A) The surveyor must form an opinion of the location of the end of a boundary line if attempting to place a mark along the boundary line (ie a line peg). (B) The surveyor must connect into to adjoining boundaries by their surveys or the best available evidence to ensure that adjoining properties maintain their entitlements. (C) Best available evidence may mean, due to lack of information or evidence, that the surveyor must measure further afield to come to a ‘best’ opinion. Note that ‘further afield’ can mean either further ‘away’ in distance or further back in time and age of surveys to come to a considered opinion. (D) Measurements are not necessarily what boundary definitions are about. A quote from A G Foxhall’s Handbook for Practising Land and Engineering Surveyors: “In the absence of evidence to the contrary the following is the order in which different methods of definition should be adopted, subject to abnormal conditions: (1) Natural features, such as rivers, cliffs etc. (2) Original marking of grant boundaries, road surveys, alignment or resumption surveys. (3) Monuments and abutments. (4) Original marking of private surveys. (5) Occupations. (6) (Lastly, and least satisfactory and only to be adopted when the previous methods do not apply) measurement. This order is not arbitrary,……” Measurement is a ‘tool’ used by the surveyor to assist in forming his\her opinion of a boundary. Once he\she has formed an opinion the surveyor then must mark and reference his\her survey and provide appropriate measurements on a plan lodged with the Recorder of Titles. The need to undertake new survey measurements to a certain accuracy (as set down by legislation) and prepare a plan is to ensure that in future, the then surveyor can rely on those measurements and plan to assist in redefining the relevant boundaries.
FIELD NOTES
Field notes: mean the details forming part of a plan that show the boundary evidence the land surveyor found on the ground, the method used and the survey marks placed to carry out and complete a survey for land title purposes. SIMPLY: When a surveyor undertakes a land survey he prepares field notes of his work and how he has formed his opinion of the boundaries. These notes are registered at the Lands Titles Office for future use by others (just as we today are utilising the field notes of those before us). They need to be of sufficient drafting standard to be scanned and carry such clarity that no ambiguity exists. They are also mathematically checked by the surveyor before lodgement and in most cases checked again at the Lands Titles Office. It is for this reason that a surveyors responsibility does not end in the field; there is further office work to be undertaken to register his work. HOW WE ASSIST: Field Notes or Survey Notes are usually NOT drawn to scale. They are sketch notes and indicate bearings and distances. The bearings are rarely magnetic and the distances can be, depending on the age of the notes, in links & chains, feet and decimal feet or metres. We can interpret fieldnotes if required to assist you with understanding your title.
FINAL SEALING FEE
Final Sealing Fee: is a fee charged by some Council's to check a final survey plan and 'Seal' it. Usually in the order of $100
FITTINGS:
Fittings: Items that can be removed from a property. See Chattels.
FIXTURES
Fixtures: Accessories fixed to structures or land in such a way that they can't be independently moved without damage to themselves, or the property housing them.
FLOOD PRONE
Flood Prone: land is reasonably rare in Tasmania and usually but not always relates to land adjoining creeks and rivers throughout the state. Due to the topography of the island the southern area experiences flooding mainly around the creeks and streams draining the higher topography and such flooding is usually restricted to a close proximity to the creek or stream. Local councils have mapped flood prone areas and refer to this mapping when considering development. SIMPLY: Flooding can be restricted to the immediate locality of a creek or stream in the steeper topography areas. In flatter areas it can be more widespread. Local Councils have mapped these areas. HOW WE HELP: We have access to these maps and can, when instructed, advise of the locations of these mapped areas.
FLOOR AREA
Floor Area: Total horizontal surface of a specific floor, or the total area of all floors in a multi-storey building, calculated from the outside building dimensions of each floor. Balconies and mezzanine floor areas are calculated separately and added to the total floor area of the building. Floor area is usually in square metres, but there is sometimes reference to the previously used squares' which is 100 square feet.
FOLIO OF THE REGISTER
Folio of the Register means the computer record created by the Recorder of Titles certifying that a named person is the owner of a defined legal estate in an identified lot on a plan. The recordings on a folio are guaranteed correct by government and the Recorder of Titles maintains an assurance fund to ensure against mistakes or fraud.
FORMAL OFFER
Options can be formal or informal:. A Formal option is an option in writing where a sum of money is paid that is either forfeited to the vendor if the option is not exercised or becomes part of the purchase price if the option is exercised. An informal option is an option by "handshake" or gentlemen's agreement . It is not in writing and there is no monetary consideration. It is not legally binding on either party.
FREEHOLD
Freehold or Fee Simple: Owners of property have a fee simple or freehold estate, which is the highest form of ownership and is for an unlimited duration. An owner can use the land in any way desired, subject to the usual environmental, building, zoning. mining and other controls established by Government.
GENERAL LISTING
Open listing (or general listing): A listing given to one or more estate agents which is not exclusive. The estate agent will only earn commission if they introduce the successful purchaser. If the property is sold by another estate agent or by the seller (vendor) then the estate agent who has received the open listing will not be entitled to a commission.
GEOTECHNICAL REPORTS
Geotechnical Reports: are reports relating to the structure and nature of the rocks and soil beneath a parcel of land. When are Geotechnical reports required? A Geotechnical report can be required for all subdivisions with the exception of boundary adjustments which do not create a site intended for development. This requirement may be modified when Council receives regional Geotechnical information. Who can prepare Geotechnical reports? The report is to be prepared by a suitably qualified engineering geologist or professional Geotechnical Person. That is, a person who has recognised qualifications and experience in the Geotechnical field and has specific expertise in landslip risk assessment and quantification. What is to be covered by a Geotechnical report? The report is to include information about the site and the surrounding area which includes: geology; geomorphology and slope conditions: geological history of the site relative to landslip; surface drainage sub-surface and groundwater conditions, soil/bedrock conditions. soil classification relative to AS2870; changes to natural surfaces, and; distribution of vegetation. it is also expected that the report will contain an explanation of the research undertaken including details of the published geological reports and maps which have been examined and an explanation of the findings. Finally, it is essential that the report quantifies the level of risk and refers to the specific proposal under consideration Statements are to be made about the degree of risk which may result from the possible development and/uses which could be approved on each of the proposed lots. Where risk reduction measures are suggested these are to be written in a manner which can be translated into conditions of approval. Independent Review If the conclusions or recommendations of a report are complex or unclear, Council may require a review of the report by an independent engineering geologist or Geotechnical Engineer. Who Assesses On-site Effluent Disposal Capability of Lots in Unsewered Area? Council's Environmental Health Program carries out assessment of proposed lots in unsewered areas to determine their ability to dispose of effluent within lot boundaries. SIMPLY: Council has the power to ask for a report when any development application is lodged. glenorchy City Council always ask for a report. They can be expensive but usually represent a clarification for Council and an easier path through the approval process. HOW WE ASSIST: We are closely aligned with geotechnical experts and can advise on the best course of action for your application. Contact us for advice in relation to these matters.
GOVERNMENT VALUATION
Government Valuation: Also known as GA---. The valuation assessed by a municipality or Government Valuer on a regular basis, often every three years or so. The assessment is used principally by local authorities to calculate rates. Over the period of time from the date of the Government Valuation, there can develop a very distinct difference between Government Valuation and market value, as there can also be even at the time the Government Valuation is completed.
GRANT
A Grant is the title which is created when Crown Land is alienated in fee simple. It may be a Crown Grant (issued under Common Law prior to 1863) or a land Grant (issued under Torrens Title since 1863).
GUARANTOR
Guarantor: A person or company who promises to ensure loan repayments will be made by some other person and, if they are not, takes responsibility for the payments themselves. For example, when an invalid pensioner wants to borrow an amount which appears to be excessive for the pension income, a guarantor may be used to make the loan possible on the basis that if the pensioner defaults, the guarantor will pay the loan repayments.
HEADWORKS CHARGES
Headworks Charges: Is a charge made by councils to cover the cost of providing, maintaining and extending infrastructure such as reservoirs, sewerage plants and the like. It is usually charged on the basis of a set fee per new allotment and can be one of the major costs of development. SIMPLY: It means a flat fee per new lot will be charged and must be paid before final sealing and issue of titles. HOW WE ASSIST: We can advise of the likelihood of a Headworks Charge.
HECTARE
Hectare: usually displayed and abbreviated on plans as "ha" means an area of land in units of 10 000 square metres (ie. 10 000 square metres = 1ha). To CONVERT Acres to hectares X by 0.40468 (ie 24 Acres calcs at 24 X 0.40468 = 9.712ha).
HIGH WATER MARK
High Water Mark: in relation to a boundary along a seashore or tidal waters means the line of average high tide between spring tides and the neap tides averaged out over a year. See our Forum under High Water Mark Boundary?
IDENTIFICATION SURVEY
An Identification Survey: confirms or otherwise that what you have seen on site is reflected in the title you purchase. It clarifies the relationship between the improvements (fences, buildings, sheds, driveways etc) at the location with the title boundaries. It does NOT redefine the boundaries of the site (ie the boundaries are not certified as correct for legal purposes), it gives a general relationship between the boundaries and the improvements. It does NOT result in boundary or corner pegs being placed nor levels or contours being derived and should NOT be used as the basis of a building or structure setout. Survey Fees are applicable. The example to the right is extreme but is a real life case and does happen!! Contact us for advice in relation to these matters.
IMPROVEMENTS
Improvements: The structures built on and the enhancements to land are called improvements. The structures and enhancements become fixtures and become part of the land. A contract will sell the land "and all improvements thereon".
INFORMAL OFFER
Options can be formal or informal:. A Formal option is an option in writing where a sum of money is paid that is either forfeited to the vendor if the option is not exercised or becomes part of the purchase price if the option is exercised. An informal option is an option by "handshake" or gentlemen's agreement . It is not in writing and there is no monetary consideration. It is not legally binding on either party.
JOINT AND SEVERAL LIABILITY
Joint and Several Liability: A liability incurred by two or more people in a way that they become liable individually as well as together; and the creditor may sue them individually or jointly.
JOINT TENANTS
Joint Tenants: is the more usual way for land to be held by two or more persons where those persons are married or related. Joint Tenants, although they have joint interest in the property, cannot identify a definable proportion of the property as their interest in same. Joint Tenants cannot individually mortgage their share of the land but rather must act collectively in relation to any dealings with it. Upon the death of a Joint Tenant that person's interest in the property is automatically transferred to the other Joint Tenant(s).
JUDGEMENT
Judgement: The decision of a Court in a legal proceeding.
KNOCKED DOWN
Knocked Down: If a property is sold at auction, it said to be sold "under the hammer" and is “knocked down” to the highest bidder, who then becomes the purchaser.
LAND GRANT
Land Grant: means the granting of land to a subject in the name of the sovereign and forms the basis of the land tenure system in the state. Land was granted by deed at general law prior to 1862, by deed under the torrens system between 1862 and 1967 and by transfer from the crown since that time.
LAND TAX
Land Tax: A State Government tax levied on the unimproved value of land and charged to landowners in Tasmania.
LANDLORD AND TENANT
Landlord and Tenant: The relationship of landlord and tenant is created (by words or writing such as a tenancy agreement; or by deed, such as a lease) when a tenant occupies the landlord's house or land subject to certain conditions such as the payment of rent. The phrase is used to denote the law applying to this relationship. In Tasmania, residential tenancies are governed by the Residential Tenancies Act 1997 in which landlords are re-defined as “property owners”.
LANDSLIP
Landslip: is rare in Tasmania although there are a number of prominent sites that have forced councils to take a very cautious approach. One Council for example requests a Geotechnical Report on all developments in their jurisdiction. SIMPLY: Landslip Assessment is often requested by councils and can be combined with soil tests and effluent disposal issues. HOW WE ASSIST: We can organise the necessary report on your behalf when instructed.
LEASE
Lease: A grant of possession of real property to last for an agreed period, and usually with the payment of a rent. The person who grants the lease is usually the owner, and called the lessor, and the person to whom it is granted being the lessee. A lease must be for a less estate or term than the lessor has in the property, for if it comprises his whole interest it is a conveyance or assignment and not a lease. Where a person who is himself a lessee grants a lease of the same property to another for a shorter term, it is called an underlease or sub-lease.
LEASEHOLD
Leasehold: The owner of the land (the landlord or lessor) allows another person (the tenant or lessee) to have possession of the land in return for rent. The term can vary from one day to 99 years.
LESSEE
Lessee: See Lease
LIFE TENANT
Life Tenant: One who may possess a property until he or she dies. Oddly enough, this is a freehold estate because no date can be given for its termination.
LIST
LIST means the computerised spatially linked land information system maintained by government in the state. (effectivley the Lands Titles Office).
LISTING AUTHORITY
Listing Authority: An information summary and contract between the Owner of the home and the real estate company selling the house. It details the length of the agency, services to be provided, commission rate and any additional costs and the type of listing such as sole agency, tender, auction or open listing.
LISTING
Listings: The properties, often referred to as stock, that an agent has to sell or lease including houses, land units, town houses, commercial property, industrial property, retail or businesses.
LITIGATION
Litigation: A civil proceeding. A lawsuit.
LOCAL PLANNING AUTHORITY
Local Planning Authority: means the local Council or Shire Council. It is the third level of government in Australia. The local Councils control much of the land development in Tasmania by means of Planning Schemes. SIMPLY: Your local Council. HOW WE ASSIST: We liase with all local Councils and have a knowledge of their Planning Schemes and Planning Requirements. We can provide you with local knowledge concerning the planning requirements of your local Council.
LOT
Lot: A distinct portion or piece of land; a piece of land forming a part of a district, suburb, city block or subdivision, described by reference to a recorded plot or by definite boundaries. Also, a piece of land in one ownership, whether freehold or leasehold. To an auctioneer, a lot is an item or group of items being offered for sale during an auction sale. Each lot is numbered for identification.
MAP DATUMS
Map Datums:The following is a brochure authored and distributed by the Department of Primary Industries Water and Environment, Information and Land Services Division, Tasmania. IMPORTANT INFORMATION FOR USERS OF MAPS IN TASMANIA A new datum is being used for mapping and spatial information in Australia. This leaflet describes how the change will affect Tasmaps and other products published by the Information and Land Services Division of the Department of Primary Industries Water and Environment, Tasmania (DPIWE) Background The new datum, Geocentric Datum of Australia 1994 (GDA94) is being progressively introduced by all government mapping agencies throughout Australia. It replaces the Australian Geodetic Datum 1966 (AGD66). The primary reasons for making the change to GDA94 are: • It is compatible with the datum used by global navigation systems, such as the WGS84 datum used by the satellite-based Global Positioning System (GPS). • It is compatible with national mapping activities, such as hydrographic charting, which are already based on WGS84. It will provide a single standard for the storage, management, analysis, and display of spatial information throughout Australia. The Information and Land Services Division of DPIWE has started publishing maps on GDA94. All new 1:25,000, and series maps published after 31 March 2003 will be based .on GDA94. How does GDA94 differ from AGD66? The GDA94 datum defines a mathematical surface that best fits the shape of the earth as a whole with its origin at the earth's centre of mass, hence the term "geocentric". The AGD66 datum defines a shape that suits the Australian region, with an origin that does not coincide with the centre of the earth, a non-geocentric datum. Because the datums have different origin points, GDA94 and AGD66 coordinates differ by approximately 200 metres in Tasmania. How does the change to GDA94 affect maps? The change will show as a shift in the position of the grid lines and a corresponding change in the coordinates of map features. The amount of this shift will vary according to the scale of the map. Map Scale Shift (mm) 1:25,000 8 1:100,000 2 1:250,000 0.8 GDA The map borders will also shift, so they will not align with adjacent AGD66 maps. In the case of 1:25,000 and 1:100,000 series maps in Tasmania, the area covered by new GDA94 maps will be extended so that they abut adjacent AGD66 maps. How do I know if a map is based on GDA94? All maps published by DPIWE state the datum in the border information. GDA94 maps will be readily identifiable because they will display the GDA logo and they will contain conversion notes which describe how to convert coordinates from one datum to the other. The cover of the new 1:25,000 series maps will differ from their A13D predecessors. This map is based on the Geocentric Datum of Australia 1994 (GDA94)which has superseded the Australian Geodetic Datum 1966 (AGD66). The datum for heights remains the Australian Height Datum (Tasmania). HORIZONTAL DATUM CONVERSIONS AGD66 to GDA94 Latitude Decrease by 5.4 seconds Longitude Increase by 4.8 seconds Easting Increase by 112 metres Northing Increase by 183 metres GDA94 to AGD66 Latitude Increase by 5.4 seconds Longitude Decrease by 4.8 seconds Easting Decrease by 112 metres Northing Decrease by 183 metres The accuracy of the coordinates obtained using these conversion values will be consistent with the stated accuracy of this map. For most practical purposes GDA94 coordinates are compatible with satellite derived coordinates based on the World Geodetic System 1984 (WGS84). GPS users please note If your receiver does not have a GDA94 datum option, use WGS84 GDA How will the change to GDA94 affect navigation? The change will not be noticeable if you are using basic navigation techniques. These include identifying your position by referring to map features, and using a magnetic compass to determine your position or follow a route. If you are using a GPS receiver in conjunction with a map, note carefully which datum the map is based on and set it in the receiver. If the map is based on GDA94 you will need to set the receiver datum to WGS84. This is because currently most GIPS receivers do not recognise GDA94. For map reading and navigation purposes, WGS84 can be regarded as identical to GDA94. If you are plotting or quoting grid coordinates or grid references, it is now important to note the datum. They then can be accurately positioned on maps or entered into a GPS, based on either datum. Will the change affect contours and heights? No. The datum used for heights is not being changed. It remains the Australian Height Datum (Tasmania) which is based on mean sea level. Further information is available from: //www.icsm.gov.au/icsmlgda1 The DPIWE contact is Nick Bowden Nick. Bowden @ dpiwe. tas.gov. au. Ph 03 6233 2942.
MARKET APPRAISAL
Market Appraisal (Appraisal of Value): An opinion by a real estate agent who is not a registered valuer of the potential selling price.
MARKET VALUE
Market Value: The most likely price that will be given by a well informed, willing but not anxious purchaser for a property owned by a well informed, willing but not anxious vendor. This is a paraphrase of a famous valuation court case “Spencer vs the Commonwealth”
MARKETING FEES
Marketing Fees: Money invested by the seller that goes directly towards the cost of advertising and promoting the property.
MARKETING PROGRAMME
Marketing Programme: A promotional package put together to give a home exposure to the market. It may include newspaper advertising, open homes, brochures, window displays, Internet advertisements, and a wide range of promotional tools available to estate agents.
MINIMUM AREA
Minimum Area: usually relates to the minimum lot size allowed in a particular zone in a Planning Scheme. SIMPLY: A term used to describe the smallest lot size allowable. HOW WE ASSIST: We can asses Planning Schemes to determine what lot size is applicable to your area. Contact us for advice in relation to these matters.
MINOR
Minor: A person under the age of 18. In Tasmania, a person under 18 cannot be registered as the owner of real estate.
MISREPRESENTATION
Misrepresentation: Something said or done which creates a false or wrong impression, usually in the context of understanding in a contract. If the misrepresentation is fraudulent (that is, it was intended to mislead) the wronged party can take action for damages or it may involve criminal proceedings. If misrepresentation was innocent (that is, a genuine mistake) the wronged party can usually choose to continue with the contract or void it.
MORTGAGE GUARANTEE INSURANCE
Mortgage Guarantee Insurance: An insurance agreement protecting the lender against loss. Mortgage insurance means that the lender, a Building Society for example, can confidently make advances for homes where the borrower has a lower equity than the accepted margin. The lenders are protected against loss on the loan should the borrower default on the repayments or other covenants of the mortgage. The mortgage insurer will reimburse the lender for the total amount of the loss, which may also include, costs of selling the property, essential repairs, and maintenance, unpaid rates and so on. Where a person defaults under the mortgage, and the mortgage insurer pays the lost amount to the lender, the borrower will remain liable for the loss.
MORTGAGE
Mortgage means a financial arrangement where a land owner borrows money and hands over his or her title as security to a lending authority. The title is then held by the lending authority (the mortgagee) until the principal amount and any interest has been paid off by the borrower (the mortgagor). A Torrens Title (Real Property land) mortgage document is registered on the borrower’s title and may be discharged upon the payment of the loan. A general law ('Old System’ land) mortgage transfers the legal estate and the mortgaged property is actually conveyed from the borrower ( mortgagor) to the lender ( mortgagee). The mortgage is discharged by reconveyance, where the legal estate is transferred back to the borrower upon the payment of the loan. SIMPLY: Real Property land has the mortgage registered on the ‘one single document’, the title. Old System land actually transfers the ownership of the land to the lender, to be later re-transferred after payment of the debt. HOW WE ASSIST: We can advise the mortgage situation with your title and it’s implications on transactions that you may be considering.
MORTGAGEE
Mortgagee :The person to whom the property is mortgaged; the lender of the mortgaged debt.
MORTGAGOR
Mortgagor: The person who mortgages the property as security for the mortgage debt; the borrower.
MULTIPLE LISTING
Multiple Listing: A system where an owner gives one agent an exclusive agency under which it is his or her obligation to invite other agents to assist in the sale of the property for a share of commission.
MUTUAL RIGHTS OF WAY
Mutual Rights 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. With Mutual Rights of Way this relates to two adjoining owners who have adjoining rights of way and each has rights over the other ie. They are mutual. SIMPLY: This means that you or your neighbour cannot restrict the right of the other to pass over those portions of each title that is defined as 'Right of Way', (often referred to as Right of Way Private) nor can you each build a structure over such area. Most often a single driveway is constructed over Mutual Rights of Way. HOW WE ASSIST: We can determine the location of such Mutual Rights of Way on the ground and on plan to allow the design and construction of structures that do not intrude on this right.
NATURAL BOUNDARY
Natural Boundary: means a boundary along a seashore, a river or a stream and is considered to be "ambulatory" in nature or liable to the shifting of position from time to time under the doctrine of accretion.
NEGATIVE GEARING
Negative Gearing: A property is "negatively geared" when the income from the rent is exceeded by the deductible outgoings. Rates, mortgage interest , (as opposed to mortgage repayments), property taxes, - insurance repairs, are all deductible expenses. A loss can be deducted from other income for tax purposes.
NOT INCLUDING RESERVED ROAD
Not Including Reserved Road: (or tramway, railway or the like) is a term often found ‘under’ the area shown on a plan forming a title. The ‘dark’ lines on a plan surrounding a parcel of land depict the land in question, and often ‘include’ a ‘dotted’ line with the words ‘ Reserved Road’ or similar. If the words ‘Not Including Reserved Road (tramway etc)’ are shown on the plan then the title does NOT include the land shown as reserved road and therefore ownership does not include or extend to this land. SIMPLY: It means you do not own land that is ‘not included’. HOW WE ASSIST: We can report on the ‘status’ of notations shown on your title to ensure you are completely conversant with your titles intentions.
NOTICE TO TREAT:
Notice to Treat: means a notice served on a land owner by an authority wanting to acquire land by agreement, where acquisition by compulsory process is an alternative means for the authority to obtain the land.
OFFER
Offer: A signed Sale and Purchase Agreement or Contract of Sale, which includes the price, terms and conditions of sale, signed by the buyer then presented to the seller. The offer becomes a contract (binding agreement) if accepted and signed by the seller.
OPEN LISTING
Open listing (or general listing): A listing given to one or more estate agents which is not exclusive. The estate agent will only earn commission if they introduce the successful purchaser. If the property is sold by another estate agent or by the seller (vendor) then the estate agent who has received the open listing will not be entitled to a commission.
OPTION
Option: A right given for a consideration to purchase property on before a fixed date, on terms previously agreed upon. An option entitles, but does not oblige, the person having the option to make the purchase. In other words, the owner is bound to sell at a particular price if the prospective purchaser wishes him to be bound, providing the purchaser makes up his mind within the term of the option. Options also appear in many leases, referring to a further term of tenancy. Many leases contain a clause giving the option of renewal for a further period, at a rent to be mutually agreed.
OPTIONS CAN BE FORMAL OR INFORMAL
Options can be formal or informal:. A Formal option is an option in writing where a sum of money is paid that is either forfeited to the vendor if the option is not exercised or becomes part of the purchase price if the option is exercised. An informal option is an option by "handshake" or gentlemen's agreement . It is not in writing and there is no monetary consideration. It is not legally binding on either party.
ORDER FOR RELIEF
Order for Relief: in relation to a strata scheme means an order of the Recorder of Titles, following determination of dispute resolution procedures in the strata title legislation.
ORDNANCE
An Ordnance: is the ‘written document’ side of a Planning Scheme that defines all matters relating to the scheme and the uses that are specified for certain zones. SIMPLY: The ‘words’ about a scheme and what can and cannot be achieved within zones. HOW WE ASSIST: We have access to all ordnance documents relating to Planning Schemes and can advise how they affect your entitlement.
OUTGOINGS
Outgoings: Operating expenses and expenditure related to a property.
PARKING EASEMENT
Parking Easement: means a right for a person authorised to do so to park a vehicle over specified parts of another persons land.
PART V AGREEMENT
Part V Agreement: More correctly Part V of the Land Use Planning and Approvals Act 1993. Covenants on a title can only be negative in nature; that is “not to remove trees from…..” since 1993 it has been possible to enter into agreements with council and other parties that are both positive and negative in nature. These may require the land owner to act in a certain manner when it comes to house colours, bush land maintenance and the like. A failure of the system is that Part V Agreements are not available for viewing at the Lands Titles Office but at the local Council. They are, however, referred to on the front sheet of a title document that they apply to. SIMPLY: a registered agreement binding the property owner to behave in a certain manner. HOW WE ASSIST: we can search such Part V Agreements and advise you of their effect on your enjoyment of your title.
PARTY WALL
Party Wall: means a wall that straddles a boundary between two properties where express rights of support have been granted and reserved between the two affected property owners. SIMPLY: This means that the wall in fact 'belongs' to each owner adjoining with the boundary between the two properties running through the material of the wall. It also means that one cannot 'work' or demolish the wall without consideration of the rights of the other owner HOW WE ASSIST: We can advise of the actual location of the boundary passing through the wall and the requirements if one party is considering upgrading, repairs or alterations to the wall.
PASSED IN
Passed In: If a property is not sold at auction because the owner's reserve price has not been reached, it is said to be "passed in". The highest bidder usually then has first option to purchase at the owner's reserve price. It is then possible to negotiate for the purchase, either on the same day or afterwards. Properties passed in are often sold shortly afterwards at a price close to the passed-in-figure.
PERMIT
Permit: means an approval or consent required by a planning scheme and granted by a local council in respect to the use or development of land. SIMPLY: A permit relates to an approval by a Council for a specified development. Note that a Subdivision Permit does not give approval for a Building that would normally require a Building Permit. Note also that with a Subdivision Permit you have 14 days to lodge an appeal against a condition of the permit: "Your attention is directed to your rights of appeal under Sections 61 & 62 of the Land Use Planning and Approvals Act 1993 (as amended), that relates to appeals. These provisions should be consulted directly, but the following provides a guide as to their contents. Planning Appeals shall be instituted by lodging of a notice of appeal with a Clerk of the Resource Management and Planning Appeal Tribunal. Planning Appeals shall be instituted within the 14 days of date the corporation who served the notice of the decision on the applicant. HOW WE ASSIST: We can advise on the appeal system and lodge the appeal on your behalf. We can also provide access to any necessary expertise that may be required to assist your appeal.
PETITION TO AMEND
Petition to Amend is the term loosely given to the process of amending a sealed plan. SIMPLY: A sealed plan can only be amended by the local Council that sealed it. A person who wishes to amend a sealed plan (including the amendment or deletion of boundaries, easements, covenants, notations or any other detail on the plan) must make a petition to Council setting out the terms of the amendment being sought. Because a sealed plan is a primary conveyancing document Council must serve notice upon, and hear any subsequent objections from, any other persons who would be affected by the proposed amendment. Once Council is satisfied all affected persons have been heard, it may cause the amendment to be made with or without further modification. Council then notifies the Recorder of Titles of the amendment and the sealed plan and any other relevant title documentation is amended by the Recorder accordingly. Effectively this means that if you wish to amend a subdivision plan created under Council Approval, it is necessary to obtain the consent of all affected parties; usually ALL the owners of the lots on the plan + their mortgagees. Sometimes Council is the only affected party, such as with an amendment to an Easement to Batter. HOW WE ASSIST: We can advise you on the issues that may arise when dealing with a Petition to Amend relating to your particular title.
PLANNING SCHEME
Planning Scheme: means an instrument (document) prepared for a local council and subsequently approved by the Land Use Planning and Review Tribunal that makes provisions (sets rules) that relate to the use, development, protection or conservation of any land in the area covered by the Planning Scheme.
POSSESSION DATE
Possession Date: The date the purchaser physically takes possession of the property. Most often, it is the same as settlement date.
POWER OF ATTORNEY
Power of Attorney is a legal arrangement where a person (the donor) appoints one or more people (the donee/s) to conduct and manage the donor’s affairs. The power may be given for a specific task, or a defined period in time, or it may be for all purposes and for all time. The document must be registered with the Recorder of Titles before conveyancing documents can be executed by a donee on behalf of a donor. a donor may end the arrangement by revoking the appointment. SIMPLY: You may appoint someone to ‘sign’ on your behalf and revoke this appointment when you so desire. HOW WE ASSIST: We can direct you to the right professional to advise you and assist in preparing such a ‘power’.
PRICE
Price (Purchase Price): In the case of real estate, the money consideration which is expected or given in exchange for a property.
PRINCIPAL
Principal: See Agent.
PRIORITY NOTICE
Priority Notice: means a notice lodged with the Recorder of Titles by a person authorised to do so that reserves that person priority of document registration on a title for up to 60 days SIMPLY: When a surveyor or solicitor or like profession 'searches' a title to give advice, they take responsibility for that advice that is based on the title search as of that date. A Priority Notice advises that a matter relating to that title has been lodged, awaiting registration and that that matter has priority over any other dealing for 60 days. For example, when one purchases a house, their solicitor will lodge a Priority Notice on the title of the house under purchase so that the vendor cannot sell to others, create an easement or raise finance or similar; the Priority Notice gives preference to the sale first (for 60 days). HOW WE ASSIST: We carry out title searches on behalf of clients and in fact can provide them over the net. Engage Us to purchase your title. We can advise of any lodged Priority Notices.
PRIVATE ROAD
Private Road: means a way that is not subject to use by the public as of right. SIMPLY: Means a private driveway (that may look like a road) that is for private use only. Note that in general the word 'Road' means Public Road, whereas the general public often use the word 'road' to mean a driveway or way, when such is often 'Private Road' . HOW WE ASSIST: We can advise on the status of a road or driveway to ensure compliance with the above. We can determine the boundaries of such a road or drive.
PRIVATE TREATY SALE
Private Treaty Sale: A sale negotiated between a seller (vendor) and a buyer, usually, but not necessarily, through in estate agent, and distinct from a sale by auction.
PROCLAMATION
A Proclamation could be recorded on a land owner's title prior to 1993 and was a public notice that an authority, usually the crown, intended to acquire part or all of the land for a public purpose. A proclamation notice may remain on a title even though the various land resumption and acquisition acts that initiated them were repealed in 1993. The Land Acquisition Act 1993 uses notices rather than proclamations when land is to be acquired.
PRODUCTION SLIP
Production Slip: Is the ‘receipt’ given to the lodging party when a title is lodged at the Lands Titles Office to support a dealing, such as a subdivision. The Lands Titles Office will not accept documents from the surveyor for new title creation unless a Production Slip is attached. Quite often is a source of delay as the acting solicitor requests the holder of the title (normally a bank) to lodge the title; such request usually takes 3 weeks to enact and therefore results in a 4 week delay to proceedings. SIMPLY: is a receipt when the title is lodged at the titles office. HOW WE ASSIST: we prompt the solicitor ‘early’ in the proceedings to lodge the title asap.
PROFESSIONAL DUTY
Professional Duty: The duty of care owed by a professional person to his or her clients.
PROFESSIONAL NEGLIGENCE
Professional Negligence: The failure of a professional person to properly exercise a duty of care, usually leading to a loss suffered by a client or customer of the professional person, or them being placed in a worse situation than if the professional person had acted correctly.
PROPERTY MANAGEMENT
Property Management: The business usually conducted by an estate agent composed of leasing of property, collection of rents, selection of tenants and generally the overall maintaining and managing of real estate properties for clients.
PROPOSAL PLAN:
Proposal Plan: is a plan prepared to support an application to council to subdivide or develop a parcel of land. Is prepared from a combination of existing documents and field survey if necessary. The surveyor will always attempt to keep the cost of this section of your instruction to a minimum but he is also responsible to ensure that sufficient information is provided to council to allow an informed decision to be made. This is the reason why some Proposal Plans cost significantly more than others. It is always best to undertake at a minimum a field check of the compiled data, and quite often cost effective to undertake a Detail Survey . This information then forms the basis of any engineering design required to satisfy Permit Conditions . Proposal Plans carry the disclaimer: SHOULD THIS PLAN BE UTILISED FOR CONTRACTUAL PURPOSES FINAL SURVEY DIMENSIONS SHALL PREVAIL. THIS PLAN HAS BEEN PREPARED ONLY FOR THE PURPOSE OF OBTAINING PRELIMINARY SUBDIVISION APPROVAL FROM THE LOCAL AUTHORITY AND IS SUBJECT TO THAT APPROVAL. ALL MEASUREMENTS ARE IN METRES AND SQUARE METRES UNLESS OTHERWISE STATED AND ARE SUBJECT TO FINAL SURVEY. DO NOT USE THIS PLAN FOR BUILDING DESIGN OR ANY OTHER PURPOSE APART FROM OBTAINING PRELIMINARY SUBDIVISION APPROVAL. NOTE: TO BE DEVELOPED IN STAGES WHERE POSSIBLE. SIMPLY: is a plan prepared to give council the general concept of the proposed development. Is not a final survey and quite often reflects boundaries in a general manner only. HOW WE ASSIST: we prepare Proposal Plans on you behalf.
PUBLIC HEALTH APPROVAL
Public Health Approval:is a term referred to in some old Planning Schemes and related to the obtaining of approval for an effluent disposal system. Usually related to those Council's that did not have the 'power' to handle such approvals themselves; ie they did not have deligated power from the Public Health office. Nowadays can be read as Council Health approval. SIMPLY: An old term that can now be read as Council Health Approval. HOW WE ASSIST: We can organise the necessary consultant to handle the obtaining of approval for any effluent disposal system. Contact us for advice in relation to these matters.
PUBLIC OPEN SPACE OR POS
Public Open Space: means land set aside, usually as part of a planning permit, for public recreation or public gardens or for similar purposes of public pursuit. SIMPLY: Subject to the comments below, when large scale developments are undertaken Council's have certain rights in relation to 5% of the land being set aside for Public Open Space purposes. They also have the right to request that instead of land being given 5% of the value of the land is to be paid to Council. This is often the case with small subdivisions where 5% of a small lot is of little use to Council.This usually forms part of the Permit. It is State Government Legislation and not as commonly thought a Council whim. Council's do have the discretion to apply it or not; most do. On small developments it can be one of the bigger costs. The following rules apply when making a Subdivsion Submission to Council: NO OPEN SPACE SHOWN ON PROPOSAL CASH IN LIEU WANTED: Where no open space is shown on a proposal, council as a condition, can require cash in lieu if it is of the view that the subdivision gives rise to the need for the provision of open space NO OPEN SPACE SHOWN ON PROPOSAL LAND WANTED: Where council have formed the view that the proposal will give rise to the need for public open space that is not provided in the proposed subdivision and they are of the opinion that LAND should be provided, their only option is to REFUSE the subdivision on the grounds that the proposal should be altered to include public open space OPEN SPACE SHOWN ON PROPOSAL CASH IN LIEU WANTED: Where council have formed the view that the public open space provided in the proposed subdivision does not suit the public convenience or there is no other means of providing public open space which would be of public benefit, their only option is to REFUSE the subdivision on the grounds that the proposal should be altered to omit public open space OPEN SPACE SHOWN DIFFERENT LOCATION WANTED: Council may, in lieu of the public open space set out on the proposal plan, ask that the final plan contain 'the area set out in the plan annexed' as public open space and further advise that the subdivider is to sell that area to the Council for the sum of $1.00 and further the subdivider is to execute a transfer of the land in favour of the Council immediately upon the issue of titles OPEN SPACE SHOWN ON PROPOSAL EXTRA LAND WANTED: Council have the power to ask for extra public open space but must pay for that in excess of 5% OPEN SPACE LESS THAN 5% SHOWN ON PROPOSAL Council have the power to ask for the difference between the area shown on the plan as public open space (if it is less than 5%) and 5%, to be paid as cash in lieu COUNCIL CAN'T DELETE POS AND ASK FOR CASH IN LIEU It is not possible for a council to impose a condition on a permit approving a plan of subdivision which deletes public open space provided in the plan and then to require a contribution of cash in lieu of public open space by a further condition COUNCIL TO ESTABLISH A NEED It is not enough that council has a policy requiring contribution, it must make an individual assessment of each subdivision, it must form the view that the subdivision will give rise to a need ADHESIONS PUBLIC OPEN SPACE SHOULD NOT BE ASKED FOR: In general terms, unless a new lot is being created, it is hard to see how a Council could bona fide come to the conclusion that the plan of subdivision created an additional need for public recreation space such that such space should be included(or cash in lieu). GENERAL COMMENTS POS: HOW VALUED: VALUE IS BASED ON THE VALUE OF THE NEW LOTS CREATED LESS DEVELOPMENT COSTS eg. If 6 lots are created out of 1, councils usually seek funds for 5 new lots STANDARD POS CLAUSES USED BY COUNCILS. 1. The land shown on the proposal plan as “public open space” is to be sold to the Council by the subdivider for the sum of $1.00 and the subdivider will execute a transfer of that land in favour of the Council immediately upon the issue of titles. 2. That in lieu of the public open space set out on the proposal plan the final plan is to contain the area set out in the plan annexed as public open space and is to sell that area to the Council for the sum of $1.00 and further the subdivider is to execute a transfer of the land in favour of the Council immediately upon the issue of titles. 3. The subdivider shall sell to the Council the land shown on the plan as public open space for the sum of $1.00 and the subdivider shall execute a transfer of the land in favour of the Council immediately upon the issue of titles. 4. The subdivider shall also pay to Council within 90 days of demand an amount of money which bears the same ratio to the value of the whole area comprised in the plan as one twentieth of that area less the area already provided for public open space in the proposal plan and any area created by the final plan of the littoral or riparian reserve bears to the whole area. 5. The subdivider prior to the lodgement of the final plan is to provide security for the above payment by a bond and bank guarantee as set out in Section 117(4) of the Local Government (Building and Miscellaneous Provisions) Act 1993. 6. The subdivider is to pay to the Council an amount which bears the same ratio to the value of the whole of the area comprised in the plan as one twentieth of that area less the area provided for public open space in the proposal plan and any area created by the final plan of the littoral or riparian reserve bears to that whole area. 7. Prior to the lodgement of a final plan the subdivider is to provide security for the payment referred to above by bond and guarantee as set out in Section 117(4) of the Local Government (Building and Miscellaneous Provisions) Act 1993 If Public Open Space already taken with a previous subdivision, it should not be taken again.
PUBLIC ROAD
Public Road: means a way maintained by a highway authority and subject to use by the public as of right. SIMPLY: This means that if a Council or Department of Roads maintains a road then that road is public road. Note that the word 'road' alone is considered to mean Public Road, whereas the general public often use the word 'road' to mean a driveway or way, when such is often 'Private Road' HOW WE ASSIST: This issue quite often arises when an owner wishes to develop or further subdivise their title onto a road that is of dubious construction and status. Quite simply, if the road is maintained by Council it is a Public Road and provides a legal frontage to satisfy the Recorder of Titles.
PURCHASER
Purchaser: In real estate transactions, the person who is buying the property.
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.
SCHEDULE OF EASEMENTS
Schedule of Easements: means the primary conveyancing document in a sealed plan that sets out any easements, covenants or profits that are to created to benefit or burden the lots when the sealed plan takes effect. SIMPLY: When a surveyor prepares a survey plan relating to a development for lodgement with Council he also prepares and organises two other documents. One is the Survey Notes and the other is the Schedule of Easements. This document reflects the old and new easements relating to the lots on the plan, together with any covenants. It needs to be endorsed by the owners and mortgagees. It can be simple in nature or complex where Rights of Way and the like are involved. HOW WE ASSIST: We can interpret this sometimes complex document for you and advise of those matters that affect the title in question.
SEALED PLAN
Sealed plan: means a plan of subdivision approved by a local council and made effective by the Recorder of Titles SIMPLY: Means the plan that a surveyor prepares to finalise a subdivision which is then lodged with Council. Council ensure that the plan reflects the Permit conditions and 'Seals' such plan and forwards it to the Lands Titles Office for issue of new titles. HOW WE ASSIST: Surveyors are the only professionals allowed to prepare plans of subdivision. This office has the knowlegdge and experience to prepare such documents as required.
SEARCH
Search: means, in a survey sense, the gathering of title and past survey information relating to a specific location. SIMPLY: It is the documentation that a surveyor needs to undertake his field survey and \or investigations. It is in excess of that gathered by solicitors, valuers and the like because it also includes the gathering of field notes. In addition, any profession undertaking a search takes responsibility that they have obtained the most up to date information; hence Priority Notices and Unregistered Dealings. Even if a client possess what they believe to be search information it's value only extends to it being of assistance in initialising a new search. Searches attract State Government fees on the basis of so much per title + so much per survey and are available through this office over the net. HOW WE ASSIST: You can purchase (via 'Engage Us') your Search Information and \or title through this office.
SEPTIC TANK
Septic Tank: is a means of effluent disposal that has been utilised for many years in unsewered areas. In terms of development approval in unsewered areas, effluent disposal approval is necessary to achieve approval for the development. SIMPLY: Effluent disposal approval is a requirement of development approval in unsewed areas. It is therefore necessary to show that disposal is possible without failure within the boudaries of the lot to be approved and subject to a number of setback measures. HOW WE ASSIST: We are closely aligned with geotechnical experts who can provide the right advice concerning effluent disposal. Contact us for advice in relation to these matters.
SETBACK
Setback: is a term often associated with Planning Schemes and the like and usually relates to an offset that a new or proposed structure or boundary needs to be from a road, boundary, watercourse, industry or other designated structure SIMPLY: A specified distance from a feature to a proposed feature. HOW WE ASSIST: We can determine and inidcate on a plan the required offsets and their effect on a proposed development.
SETOUT SURVEYS
Setout Survey: Every proposed building should be properly set out in accordance with the architectural plans and specifications. The survey should also ensure compliance with boundary and easement set back ordinances. HOW WE ASSIST: We offer experience and a prompt service, liaising with either your builder or other allied professional as required. These set-out surveys often form part of a larger project, such as a strata title subdivision. Contact us for advice in relation to these matters.
SETTLEMENT DATE
Settlement Date: The date when the seller is paid the full purchase and ownership passes to the purchaser.
SETTLEMENT
Settlement: Completion of a contract of sale of real estate at which time the buyer pays the money to the seller and seller provides the buyer with possession to the property.
SEVERANCE TITLES
Severance Titles: Quite often the question is asked how a neighbour has been able to ‘subdivide’, whilst an adjoining owner has been refused approval. It may be that the adjoining owner has enjoyed the benefits of preparing ‘severance plans’ prior to 1995. Historically the term “severance” was given to a block of land that could be excised from a larger title without the need for the boundaries to be surveyed, or for local council approval to be obtained. In 1993 parliament enacted a suite of legislation to provide the state with a resource, management and planning system. The Local Government (Building and Miscellaneous Provisions) Act 1993 was part of the legislative suite that, amongst other things, abolished severance titles. The definition of “block” in the act still allows for the following part of land transfers, without the need for survey or council approval-  The whole of a lot on a plan lodged with the Recorder of Titles before 1 January 1995  The whole of an original crown grant  The whole of the land in a title  The whole of the land in a deed  Part of the land in a title that can be verbally identified by description for transfer purposes The act prohibits the part of land transfers of “severance blocks” that are-  Intersected by a highway, railway, tramway or any other way  Intersected by land of the crown, the commonwealth or other person  A fragmented portion of a title that requires mathematical closure for description. The severance moratorium expired on 1 January 1995 therefore only lots on plans lodged with the Recorder of Titles before that date can still be used to obtain part of land severance titles. SIMPLY: If a plan relating to severance lots was prepared and lodged with the Lands Titles Office prior to 1995, it is still possible to obtain separate titles without the need for Council approval or sometimes survey in the field. HOW WE ASSIST: We can determine the status of existing survey plans lodged at the Lands Titles Office and advise you accordingly. Contact us for advice in relation to these matters.
SITE DISTANCE
Site Distance: relates to minimum prescribed distances from an access point onto road or highway to the point of first view of an approaching vehicle. It is governed by standards such as height above the ground of the viewing point, distance from the edge of the road, elevation of the approaching or receding road and the speed limit on the highway. SIMPLY: A specified distance that relates to Australian Standards that defines a minimum distance required from an access point to the first view of an approaching vehicle. HOW WE ASSIST: We can advise, measure and map available site distances to satisfy the requirements of a council or appeal tribunal.
SKETCH BY WAY OF ILLUSTRATION
Sketch by way of illustration only: means that whilst the estates (ownership) in the title are guaranteed as correct; the boundaries are not derived from a registered survey. The boundary measurements on a sketch plan need to be interpreted in conjunction with any occupation (fences) or other boundary evidence that exists on the ground. In other words, means a description of land converted from a general law deed where there was no survey data and where the deed was based on a verbal description only. SIMPLY: For many years there were two forms of title within Tasmania; General Law Deed and Real Property Act title. Two main differences existed between the two; with General Law, there was a NEW deed drawn up for each dealing and the land was described in a verbal manner (eg. easterly along Collins land to the creek etc). With Real Property Act title, there is one title, with each new dealing being registered on that document, together with a surveyed description of the land. In recent times there has been a move to 'convert' general law land to Real Property Act title; This is mostly complete apart from the fact that the conversion only went as far as to create one document with the listed dealings; the description of the land remained as before, verbal. To assist interpretation of this description, a 'Sketch By Way of Illustration Only' was created by the Titles Office and attached to the title. The description of the land is therefore not supported by survey. Such titles do not support Strata Development and therefore need to be converted to Real Property Act title by a surveyor undertaking a title survey. Buyer beware!!!, an Identification Survey (check survey) should (must?) be undertaken prior to finalising a purchase of such a title (indeed any title). Similarily a Remark Survey should be undertaken if any form of construction is to take place. Another documents describes these titles as follows: Over the past 30 years the Tasmanian government has progressively been converting general law deeds to Torrens title as they are presented to the recorder of titles for registration (upon sale, mortgage, etc.) The converted titles are made up of two parts; the schedules of ownership interests in the land and the plan of title. Many old deed boundaries were verbally described rather than being derived from a survey and consequently current legislation provides that the conversion plan prepared by the recorder of titles from a verbal description be a "sketch by way of illustration only". Generally speaking this means that boundaries that follow lines of old & contented occupation may be a better representation of ownership than conversion plan measurements. There are "rules" in the boundary re-instatement process based on common, case & statute law; therefore the boundaries in a sketch plan can only be updated or amended by a new plan of survey that needs to be lodged with, and approved by, the recorder of titles. Some old deed boundaries are derived from actual survey and the recorder of titles gives the conversion of these deed boundaries the same status as torrens title surveys. HOW WE ASSIST: We can view the title and advise you of the likely need for a Identification (check) survey prior to purchase, as the available dimensions and area of such a block may not be consistent with the title documents. We can convert the title to allow Strata Development.
SLOPE
Slope: means the gradient, incline, rise, angle, slant or undulation of land. It is interpreted on plans by means of contours, shading or levels (RL's...Reduced Levels). It can be defined in % (10% is 1:10), angle (45 degrees is 1:1) or as a ratio (1:10...ie 1 unit in 10 units....say 1 metre in 10 metres)It is used in planning terms to define whether a portion of land is too steep for a particular type of development. SIMPLY: It is a measure of the steepness of land. HOW WE ASSIST: We can derive RL's (field levels) over land to derive slopes or contours to assist design of structures or satisfy Planning requirements.
SOLE AGENCY
Sole Agency or Sole Listing Also called Exclusive Agency. One real estate company is appointed by the seller and is responsible for managing the marketing and sale of the home. All enquires must be conducted through the agent. Auction and tender are also forms of sole/exclusive agency. A sole or exclusive listing is usually for a specific period of time.
SOLE LISTING
Sole Listing: or Sole Agency, also called Exclusive Agency. One real estate company is appointed by the seller and is responsible for managing the marketing and sale of the home. All enquires must be conducted through the agent. Auction and tender are also forms of sole/exclusive agency. A sole or exclusive listing is usually for a specific period of time.
STAKEHOLDER
Stakeholder: The Person who holds the deposit in connection with a sale, usually the vendor's agent, and is obliged to hold it on behalf of both parties.
STAMP DUTY
Stamp Duty: Payable to the Tasmanian Government on the transfer, it is assessed on the sale price of the property and is payable by the purchaser. Stamp duly is also payable on the mortgage document.
STATE LEVEL DATUM to AHD
To convert a level datum from State Datum to AHD: (Australian Height Datum) subtract 0.165 metres from State Datum.
STATUTE
Statute: An Act of Parliament.
STRATA BY-LAWS
Strata By-Laws: in relation to a strata scheme mean the rules and regulations that each lot owner and occupier must observe for the orderly conduct and control of the strata scheme.
STRATA SCHEME
Strata Scheme: means the complex of lots and common property, together with a system of administration and management, created upon the registration of a strata plan by the Recorder of Titles. SIMPLY: It means the structure of a subdivision undertaken by means of Strata Development. It involves the Lots (units) to be created, the land that may or may not be common property and the respective responsibilities (unit entitlements)of each lot owner, whether they be different or equal. HOW WE ASSIST: We can interpret the description of boundaries and unit entitlements that may apply to a strata development. Strata development is often undertaken to overcome a lack of sufficient frontage to allow traditional subdivision on a block of land.
STRATA TITLE
Strata Title: A system of land title based on the horizontal subdivision of air space. In practice, plans of a building are registered, containing internal units marked as to their boundaries, and each allocated a tot number as in a plan of subdivision. The system is used to provide a certificate of title for each unit within a residential, commercial or factory building.
STRATUM
Stratum: Stratum means a part of land consisting of a space or layer below, on, or above the surface of land, or partly below and partly above the surface of the land, defined by reference to improvements or otherwise. Strata is the plural of stratum.
SUB-MINIMUM LOT
Sub-minimum Lot: means a block of land that does not have the minimum measurements, shape, area or other provisions to comply with the requirements of a planning scheme. SIMPLY: There are many Planning Schemes in existence that have different minimum lot requirements. A lot that does not comply in one scheme may comply in another. HOW WE ASSIST: We can advise of minimum lot requirements in the location of your choice.
SUBDIVISION OVERVIEW
This document attempts to cover MOST subdivision eventualities. The process therefore appears onerous. If you so desire, we can handle the whole matter on your behalf. Firstly, have a look at these links relating to Survey Fees & Terms of Contract . When you make your first contact, we will make initial enquires and what searches we can over the net without cost and give general advice, free of charge. Only after you have requested us to proceed do we then seek to recover our time and costs. We will look at the subdivision process in general and zero in on various aspects for further clarification. Note that simple single lot subdivisions may not generate some or all of the issues raised below; however some will! What follows therefore is general in nature; in some cases an issue arises that needs special attention and clarification. The text in “quotation” marks & italics is taken from our standard documents forwarded to clients at the time of lodging an application with Council & to solicitors requesting the Schedule of Easements . It is inserted to highlight various aspects of the process. Those subdivisions not requiring Council Approval will be dealt with later in this brief. A subdivision requiring Council Approval tracks the following general path: Search of Information: The surveyor takes responsibility for utilising the most up to date survey information. Therefore, whilst an owner with a copy of his title or survey information is of assistance in this process, the surveyor must still undertake his own Search of records. This generates a State Government cost carried by the surveyor and passed onto the client. Council and other records are also sought. Discussions & Advice: It is essential to determine from the client ‘what are they trying to achieve’. This seems simple but it is important to know the subdivision envisaged is to: generate cash? reduce maintenance? better amenity? etc. Discussions are held with Council officers in an attempt to be fore warned of any issues that may arise in the process. This information is then passed onto the client and a determination made whether to proceed with the application or not. Note at this point we are still ‘best guessing’; we will only really know the full issues once we lodge an official application. At this time an assessment can be made (but not always; sometimes issues arise later within the process) whether there is a need to involve other consultants to deal with any specific issues. For example, due to a historical problem, any application within the City of Glenorchy must be accompanied by a Geo-technical Report. Any application proposing effluent disposal by means of any system other than a piped sewer, normally requires an independent effluent disposal report. We recommend that an application is lodged with Council with associated reports only relating to those topics that are clearly essential to allow assessment. Hence the comment below: “We advise that even though the proposal complies with Council’s planning for the area, approval is not automatic. Recent experience would indicate that Council’s might also need to be determining the effect on the amenity of the area of the development. Such matters as overshadowing, useability of private open space, solar access, driveway location, vehicle movements and height and scale of the potential development may need to be considered. (Council could also ask for details of the extent and type of vegetation on proposed lots, details and a report on the landscape and scenic issues of the site, details of waterways on and within the immediate area, including water holes and dams, details of contours on the entire site, a longitudinal section and cross sections of any proposed road, compliance with fire requirements, method of creek or river crossings and the like). Having regards to these matters, we advise that we may receive a request from Council to provide additional information relating. We feel at this time that it is more cost effective to lodge the application without providing such additional information and await feedback from Council. Those areas we feel do need addressing now are detailed. If you wish to address the other matters at this time, would you please advise.” “You need to be aware that Council does have the power to request a geo-technical assessment to ascertain whether geo-technical matters will affect the development. It is our experience that Council is unlikely to request such a report at this time, however, if you wish the likelihood of such a request to be clarified, you should provide this office with further instructions. If a report is required, you need to be aware that the results of that report may affect the final design and viability of the application.” “As the application involves the assessment of the land for septic tank suitability, contact should be made at this time with Council’s Senior Environmental Health Surveyor to arrange a mutually acceptable time to meet on site for septic tank assessment. Would you please organise this matter as soon as possible or authorise the undersigned to arrange the assessment on your behalf. It should be noted that Telstra now holds individuals and companies financially liable for negligent and malicious damage caused to Australia’s network of underground cables. Telstra’s “Look Out Below. Dial 1100 Before You Dig” request applies.” Proposal Plan: The preparation of a ‘Subdivision Proposal Plan’. Note that the preparation of this document may be achieved from: utilizing existing title , council, lands department or office records. However, more often than not it requires a degree of field work, a contour & detail survey , to determine (sometimes accuracy is necessary) locations of house, fences, services, engineering matters, contours and levels. This information is integrated with the above-mentioned title and other records. Note that this field work does not constitute the final title survey, although it may be of assistance at that later stage. Likewise, if a Detail Survey is required then it is often of substantial use later in the process. As the method of gathering of field data is specific to it’s use, the Proposal Plan will also carry a disclaimer: “The contours shown on this plan are taken from (the source is inserted here) and are suitable only for the purposes of this application. No reliance should be placed upon such contours other than for the purpose of this application for subdivisional approval. This plan may not be copied unless this note is included. Measurements and areas are subject to survey.” “We request that you give consideration at this time to any additional rights or easements that you may think need to be created at the time of the final survey to allow full enjoyment of the allotments created. Such rights may relate to access, pipelines, Hydro lines, Telstra lines or drainage patterns or pipes.” “As the application involves re-development of an existing serviced site, we advise that existing services running through the new lots to be created may need to be removed or easements created to cover same. Council will advise in relation to this matter.” Lodgment of the Proposal Plan: The lodgment of the proposal Plan and supporting documents with Council then follows. Most councils require assessment & advertising fees to accompany the application at this time, together with copies of title documents, any associated reports and a Development Application (DA). The DA includes a declaration by the surveyor that the owners of the land are aware of the application and agree with same, together with an authority to allow the general public to ‘look’ at the application documents within council. It is assumed by us that you agree to the above and have viewed our links relating to Survey Fees & our Terms of Contract. Processing of Application: Council will advertise the application in the ‘local’ press and ask for submissions from any interested parties. The relevant State Act allows a processing time of 6 weeks within Council, within which time they can ask for additional information. The ‘clock’ stops until such information is supplied. We will contact you if such a request is made. Council officers then make a report to council (sometimes, if the application is minor and there are no representations, the officers have delegated power to deal with the matter without going to full council). Permit (or Refusal): Following Council assessment a Permit or Refusal is issued. This permit has a life span of 2 years (may be extended at Council discretion) or must be “Substantially Commenced” within this time. You do not have to proceed with any permit. If for some reason you have two (or more) valid permits for the same parcel, you can choose which permit to exercise but once commenced on one, the others become invalid. Within the next 14 days Rights of Appeal apply as follows: note you have the same Appeal Rights if a Refusal is given or if you have concerns with any Permit Condition. See the note below: “Under the current legislation governing subdivisions, you and others have the opportunity to appeal against Council’s decision that may be a result of any submission. Council will request submissions by interested parties at the time of submission (by advertising), and after their decision is made will indicate to you and the public (if submissions were made) the following: Your attention is directed to your rights of appeal under Sections 61 & 62 of the Land Use Planning and Approvals Act 1993 (as amended), which relates to appeals. These provisions should be consulted directly, but the following provides a guide as to their contents. Planning Appeals shall be instituted by lodging of a notice of appeal with a Clerk of the Resource Management and Planning Appeal Tribunal . Planning Appeals shall be instituted within the 14 days of date the corporation who served the notice of the decision on the applicant.” Permit Conditions: This is a critical point in the subdivision process. All permit conditions must be completed before council will allow new titles to issue. In some circumstances it is possible to lodge a Bond & Guarantee with Council to allow sealing of the survey plan. This process still requires the completion and approval of any engineering design involved, any additional reports required, all legal documents and the completion of the Final Field Survey, surveyors field notes and relating fees. Permit contributions, Headworks Charges , fees & charges must be attended to (in fact the only matters covered by the bond are construction matters). Bonds may be lodged part way through the construction process. Bond amounts are calculated on the outstanding construction cost plus a loading (usually around 25%). See notes below re council charges; note all these matters may not be applicable to your development: “Please be aware that the term ‘Council Fees’ within this document refers to those fees charged by Council to assess subdivision proposals. Other charges may be applicable resulting from the assessment of the proposal that form part of the subsequent permit. The developer\instructor is always responsible for all fees and charges generated by this development applied by Council and any other body. We wish to draw to your attention at this time to the requirements relating to the provision of Public Open Space on proposal plans. Council has the power to refuse an application if no public open space is shown or if public open space as shown on a proposal plan is deemed to be inappropriate. They can also request a contribution in cash reflecting 5% of the value of the new lots created. Accordingly, you should contact the undersigned to discuss your options in relation to the provision of public open space at this time. Some Council’s do charge a Final Sealing Fee to seal the final survey diagram. Unfortunately this fee is applicable in this Municipality and a cheque made out to Council amounting to $XXX.00 is required. You will note that this development does not re-develop all of the lands in the titles involved. It is a requirement of the Land Titles Office that this office produce “Balance” plans relating to those portions of the titles not included in the development. Land Titles Office fees applicable to developments are calculated on the basis of $505.00 for a survey plan, plus $50.50 for every Lot , road lot, open space or other separately described parcel. Accordingly, would you please forward a cheque made out to the Lands Titles Office to cover this fee of $XXX.XX.” At the time of the issue of the Permit, we meet with the client and ‘go through’ all matters requiring attention before Council will Seal the Final Plan and allow the issue of new titles. Note the Lands Titles Office will only deal with a “Sealed Plan”. We then enter the field and undertake the Final Field Survey, undertake calculations, place survey marks and undertake all other survey matters required under the relevant Acts. On completion of all Permit Conditions (or lodging of a bond if allowed) the surveyor gathers all outstanding documents ready for lodging both at the Lands Titles Office and the Council. This part of the process is tortuous as many matters must be dealt with, including but not restricted to the Schedule of Easements, the obtaining of a Production Slip, mortgage releases etc. The Schedule of Easements request made to the solicitor is usually in the following format and can include (but not always) matters as follows: “We enclose a preliminary copy of our Plan of Survey (Final Plan) and request your perusal and comments in relation to same. Please note our Plan of Survey should not be acted upon until acceptance by the Land Titles Office and new titles issued. If our clients Architect, Engineer or similar consultant is to utilise a preliminary copy for design purposes they should be made aware of the above mentioned requirement for acceptance, as last minute amendments quite often occur. We enclose a copy of Council’s Permit (Approval Letter) relating to this matter, together with a copy of our Plan of Subdivision (Proposal Plan) prepared to achieve the enclosed approval. We draw your attention to any Council requirements that need to be included in the Schedule of Easements and any other matters of a legal nature that, in your opinion, require your input and be of benefit to our mutual client. We consider it appropriate that the Schedule of Easements enclose a clause advising that the vendor be not required to fence. Drainage Easements shown on our survey plan should be covered by the blanket clause within the Schedule, but if this is not the case, would you please take the appropriate action. Wayleave Easements are to be created as indicated. Cable Easements are to be created as indicated. Pipeline Easements are to be created as indicated. Existing rights shown on the Title documents are to be carried forward in total. We refer you to mutual rights shown on our survey plan and confirm that the relevant allotments need to be subject to and together with such rights. Would you please consult with our mutual client regarding any additional covenants or rights that they may require created within our survey and the Schedule of Easements and advise of any amendments to the survey diagram relating. Please feel free to add notations to a copy of our survey diagram and return same to this office for amendment to the original so that such document reflects your Schedule of Easements. You will note that Council require transfers to be endorsed and lodged with them in relation to all roads and public open space areas and that such transfers need to be produced prior to sealing of our final survey plan. Service Easements are to be created as indicated. You will note that our application is adhering portions together by means of Adhesion Order. At the same time of preparing the necessary Schedule of Easements, would you please prepare the relating Adhesion Order and return same to this office with the Schedule. You will note that easements are to be amended as created by a previous sealed plan. It will be necessary to prepare a Petition to Amend relating to these easements and it would be appreciated if you could commence preparation of same. You will note that a Parking Easement is envisaged for one or more of the lots shown on our plan. Your advice in relation to a suitable endorsement to be added to my plan is requested. It is appreciated that clarification may be necessary from the Lands Titles Office in relation to this matter. When returning the Schedule of Easements, would you please enclose Production Slips relating to lodgment of all titles involved with the development at the Land Titles Office. As the land in question is of General Law origin, we request you take into consideration the possibility of easements that may not be recorded in the original servient land, but were recorded in the deeds to the dominant land. We refer you to a recent case Parramore v. Duggan (1996) 70 ALJR 1. We draw to your attention that easements are being created in favour of the balance lands. As the blanket clause within the Schedule does not cover parcels not shown as lots on our survey plan, it will be necessary for you to specifically refer to these easements within the main body of the Schedule. You will note that a condition of Councils Approval is to enter into an agreement under Part 5 of the Land Use Planning & Approvals Act 1993. Registration of the agreement may take up to 2 months to finalise. Would you please prepare the necessary documentation to accommodate Council’s requirements as defined by Conditions of Approval. Eaves Easements are to be created as indicated. Our previous experience with the interpretation of a eaves easement is as follows: "Easement of Eaves" means the right of the owners and occupiers for the time being of the dominant tenement to have eaves projecting or overhanging that portion of lot 'x' marked 'w''x''y''z' on the plan, and includes the right to enter in and upon the land for the purposes of repairing and maintaining such eaves at all times with or without workmen and making good any damage thereto occasioned by such entry in use. Building Envelopes are to be created as indicated by the dashed lines on our plan.” Costs: This question is the most difficult to answer, especially before a Permit is obtained and is still somewhat unknown before the Final Survey is commenced. When one considers the costs below, it is apparent that Survey Fees are but a small part of any subdivision cost, even a one lot subdivision. Let us use the Council Development Application Fees (usually around $500) and the Lands Titles Office fees (usually around $600) as a base unit (say $1000). A simple permit condition of a street x-over could easily cost 3x this unit. A water, sewer or stormwater connection could cost 1x this unit, for the break into the main alone, let alone the cost per metre of pipe to the development site itself. A Manhole could cost 3x this unit. Public Open Space Contribution could cost 2x and quiet easily 8x this unit. Survey Fees could cost 2x and upwards of this unit. Please ensure that you have read our notes on Survey Fees , Boundary Redefinition & Survey Methodology via this link. Engineering design costs could cost 1x and upwards of this unit. Reports by other consultants could cost 2x and upwards. Planning Appeals cost $50 to lodge and anywhere from 1x upwards for each consultant. Council Headworks costs are normally in excess of 1x this unit per lot created. Having said the above, once the extent of the application is known then a general ‘feeling’ of costs can be given (not including appeal costs). Once a permit is granted, then costings can be estimated more accurately (subject to those comments within our notes on Survey Fees concerning Boundary Redefinition & Survey Methodology). Plan Sealing & Titles: The completion of Permit Conditions and Survey Documentation allows the Survey Plan to proceed to Council & the Lands Titles Office for issue of new titles. Again the tortuous path here is ‘getting through’ the council and obtaining a Seal on the survey plan. All sections of Council must sign off on their own respective responsibilities, particularly planning, health & engineering. They will be especially interested in ensuring that all permit conditions have been satisfied. This is the last opportunity for Council to ensure compliance with Permit Conditions and the intent of the Permit. Once the plan is sealed it proceeds to the Titles Office and provided all the legals and survey information is available new titles will issue, in the name that the original title was held. Other Forms of Subdivision: there are other forms of subdivision that exist that are not as common. Strata Subdivision is the most common, followed by the resurrection of old Grant Lots . These are tricky areas requiring expert individual advice. Please contact relating.
SUBJECT TO FINANCE
Subject to Finance: A condition usually inserted into a contract, usually for the benefit of the purchaser. This then makes the offer subject to the purchasers confirming that they have raised finance within a certain period of time.
SUBSTANTIAL COMMENCEMENT:
Substantial Commencement: Is a term used by Councils to reflect whether a Permit is still valid. Permits last for 2 years generally but do extend provided there has been ‘Substantial Commencement’ of the Permit conditions. This usually means that in additional to survey and engineering work being done, actual construction must be commenced on the site. SIMPLY: It means that one must commence survey and engineering design no later than 18 months into the permit, depending on the size of the development. HOW WE ASSIST: We can advise a suitable time frame relating to your development
SUM INSURED
Sum Insured: An amount which represents the total liability payable under an insurance policy by the Insurance Company.
SURVEY MARK
Survey Marks: are those marks placed by a surveyor to help define the boundaries or corners of a nominated parcel of land. A surveyors field notes define those marks placed in the course of the survey. Corners are usually marked by white painted wooden pegs of dimension 80mm x 80mm by a length of 380mm. However, in some circumstances they can also be defined by ‘Spring Head’ nails (SHs) [see photo to the right], steel ‘star fence droppers’ (stars), steel ‘bridge spikes’ (spike or spk) or a rod or steel bar (bar). Generally if the need arises any method of marking is undertaken and the form noted in the field notes. Surveyors often use brightly coloured ‘flagging’ tape to help identify survey matters of significance, as shown around this SH Nail in OPost. To make matters more confusing, surveyors use the same type of marks as ‘arbitrary’ survey stations and reference marks. They have a definite relationship to the boundaries as defined in the surveyors field notes but without the surveyors ‘skill’ are of little use to the layperson. The trap is if they are mistaken for a boundary corner mark. SIMPLY: Any type of mark may have been used to define your boundary corner. Be aware that a mark found may be a reference mark and not a corner. Surveyors field notes define the mark used. HOW WE ASSIST: As surveyors we understand surveyors field notes and can help identify the marks placed to define your boundary corner. Contact us for advice in relation to these matters.
SURVEY NOTES
Survey Notes: mean the details forming part of a plan that show the boundary evidence the land surveyor found on the ground, the method used and the survey marks placed to carry out and complete a survey for land title purposes. SIMPLY: When a surveyor undertakes a land survey he prepares field notes of his work and how he has formed his opinion of the boundaries. These notes are registered at the Lands Titles Office for future use by others (just as we today are utilising the field notes of those before us). They need to be of sufficient drafting standard to be scanned and carry such clarity that no ambiguity exists. They are also mathematically checked by the surveyor before lodgement and in most cases checked again at the Lands Titles Office. It is for this reason that a surveyors responsibility does not end in the field; there is for office work to be undertaken to register his work. HOW WE ASSIST: Field Notes or Survey Notes are usually NOT drawn to scale. They are sketch notes and indicate bearings and distances. The bearings are rarely magnetic and the distances can be, depending on the age of the notes, in links & chains, feet and decimal feet or metres. We can interpret fieldnotes if required to assist you with understanding your title.
TAX (LAND)
Land Tax: A State Government tax levied on the unimproved value of land and charged to landowners in Tasmania.
TENANCY
Tenancy: A holding, as of land, by any kind of title, occupancy of land, a house or the like under a lease or on payment of rent.
TENANT AND LANDLORD
Tenant and Landlord: The relationship of landlord and tenant is created (by words or writing such as a tenancy agreement; or by deed, such as a lease) when a tenant occupies the landlord's house or land subject to certain conditions such as the payment of rent. The phrase is used to denote the law applying to this relationship. In Tasmania, residential tenancies are governed by the Residential Tenancies Act 1997 in which landlords are re-defined as “property owners”.
TENANT
Tenant: A person who has occupancy rights of a property under an agreement with the property owner, usually in return for rent.
TENANTS IN COMMON
Tenants in Common: is where two or more persons have equal or disproportionate shares of the property. Each Tenant in Common has the use and occupation of the property and may deal with their definable interest by way of mortgage etc without the consent of the other. To deal with the property as a whole however the consent of all Tenants in Common is necessary. On the death of a Tenant in Common the land passess to that person's Beneficiares under the Will of Intestacy.
TENDER
Tender: A method of selling where the property is offered for sale without a price. Buyers are invited to submit written offers prior to a specific closing date.
TERMS (VENDOR'S)
Vendor's Terms This refers to instances when an owner is prepared to offer a buyer finance or other assistance such as staged payments to assist with the purchase of the property.
TERMS OF CONTRACT
Cromer & Partners Terms of Contract: are shown below to indicate the typical terms that apply to engagements. Alternative arrangements may be made upon request. CROMER & PARTNERS TERMS OF CONTRACT THE FOLLOWING IS THE BASIS ON WHICH FEES WILL BE LEVIED: 1) SURVEYS NOT REQUIRING COUNCIL APPROVAL time basis plus costs 2) ENGINEERING SURVEYS time basis plus costs 3) SURVEYS REQUIRING COUNCIL APPROVAL a) Search and preparation of proposal – billed on lodgement with Council Planning fees – subdivider is responsible for costs b) Obtaining Council approval – time plus costs. Progress accounts c) Final survey after Council approval – estimates given in writing if requested before commencement. Additional time and costs, exclusive of the above, by progress accounts. Balance time and costs accounted at time of issue of title or closure of file. Detailed accounts are available upon request. Interest will be charged at the same rate as the maximum overdraft rate fixed by the reserve bank plus 2% p.a. on all fees not paid within 14 days of rendering an account (without relieving the client the obligation to pay the account). NOTE: We request that you contact this office if you have any queries relating to Professional Survey Fees. Fees include a Professional Indemnity levy of 1.2%. Estimates or quotes do not include GST unless stated.
THIRD PARTY RIGHTS OF APPEAL
Third party rights of Appeal: relates to the right of 'third parties', ie. those that are not directly involved in a developement, having the right to appeal such a development.
TITLE DEED
Title Deeds: The documents and instruments conferring or evidencing the title to land. They pass with the land under a conveyance except deeds relating to the part of the estate retained by the vendor (General Law Title). In Other Words: means the documents and instruments held under general law or old system land conferring or evidencing title to the land. The bundle of deeds pass from the vendor to the purchaser by conveyance upon settlement of sale of the land. If only part of the land in a deed is being dealt with, the vendor retains the deeds, but grants the purchaser a covenant of production to ensure the root of title.
TITLE PURCHASE
Title Purchase You can purchase a copy of your title through us. We are a subcriber to the State Government LIST, available on the net. We can purchase your Certificate of Title, Schedule of Easements, Fieldnotes and Property Reports on your behalf. We can provide this information over the net by e-mail or any other means and explain what your title means, what covenants are applicable and what easements relate, including Rights of Way. This is an easy way to derive the information you need without the inconvenience of having to visit the Lands Titles Office. Note that when you need a copy of your title for Building Applications etc a current copy is required...your solicitor or bank may only have file copies on record, often not a current copy. TO PURCHASE go to Engage Us. Contact us for further advice in relation to these matters.
TORRENS TITLE
Torrens Title: This is a colloquial name given to titles to land constituted by statutes, deriving its name from the late Sir Robert Torrens of South Australia, who was not the author of the scheme, but was the one who was able to put the scheme into effect. This method of dealing with titles has spread around the world. In essence, registration of ownership and dealings in land with a Government Department. In Other Words is the name given to the system of registration of land dealings made by governments in Australia and internationally. A Torrens title is the paramount document of interests and ownership in land and is maintained by government as a single up to date and accurate recording.
TRANSFER
Transfer: The document transferring ownership from the registered owner to the new owner and registered by the Titles Office.
TRANSFER
Transfer: in relation to land means the passing of a legal estate from one person to another by gift or sale. The transfer is effected when the Recorder of Titles registers the purchaser’s details on the title. SIMPLY: Relates to the day to day change of ownership of land…a transfer of ownership. HOW WE ASSIST: We can direct you to the right professional to advise you and assist in preparing such a ‘transfer’.
TRANSMISSION
Transmission: means the passing of an estate or interest in land upon the death, will, or bankruptcy of the land owner. The person acquiring the estate by transmission must make application to the Recorder of Titles, to be registered as the proprietor of the land. SIMPLY: The transfer of ownership from one person to another upon death, will or bankruptcy after application to the ‘Recorder’. HOW WE ASSIST: We can direct you to the right professional to advise you and assist in preparing such a ‘transmission’.
TRUST ACCOUNT
Trust Account: A bank account relating to monies received or held by an agent for or on behalf of any other person, such as deposits, rentals and the like.
UNCONDITIONAL
Unconditional: When the conditions written into the agreement to buy a house have been met, the contract becomes unconditional. The property is now sold and both the seller and buyer must settle.
UNREGISTERED DEALING
Unregistered Dealing:means a recording or notation on a title warning that a dealing is awaiting registration on that title by the Recorder of Titles SIMPLY: When a surveyor or solicitor or like profession 'searches' a title to give advice, they take responsibility for that advice that is based on the title search as of that date. An unregistered dealing advises that a matter relating to that title has been lodged, awaiting registration. HOW WE ASSIST: We carry out title searches on behalf of clients and in fact can provide them over the net via Engage Us. We can advise of any Unregistered Dealings
UPI
UPI: means a multi alpha-numeric unique parcel identifier and is used in the hard-copy series of the government's Tasmaps to define individual blocks of land in the state
VACANT POSSESSION
Vacant Possession: When a property is sold without any existing lease or tenancy agreement it is sold with " vacant possession ". There will be no one in occupation at the time.
VALUATION
Valuation A valuation given by a registered valuer.
VENDOR'S TERMS
Vendor's Terms This refers to instances when an owner is prepared to offer a buyer finance or other assistance such as staged payments to assist with the purchase of the property.
VENDOR
Vendor One who sells anything. In a real estate transactions it is the person disposing of the property.
VOLUME ESTIMATION SURVEYS
Volume Estimation Surveys: are carried out by measurements and calculations in both the vertical and horizontal planes to survey irregular volumes on, over or under your land. HOW WE ASSIST We can calculate how much water is in your dam, how much water your proposed dam will hold, the size of your stockpile, the volume of your concrete pour. Alternately we can set out a dam site to your volumetric requirements. We can also survey your stockpiles of material that need measurement for costing purposes or royalty payments. Contact us for advice in relation to these matters.
WAIVER
Waiver The passing-by of an occasion to enforce a legal right, whereby the right to enforce the same is lost. It may be expressed or implied; expressed as a statement that a right is waived; implied, buy conduct indicating an intention to abandon the right. A common instance is where a landlord waives his right to put an end to a lease by accepting rent, which did not become due until after the breach of covenant (giving him the right to terminate the lease) became known to him.
WAYLEAVE EASEMENT
Wayleave Easement See Electricity Infrastructure Easment
WRITTEN OFFER
Written Offer (see Offer)
YIELD
Yield * That which an investment or property will return; the profit or income. The money derived from any business venture. - *To turn over or surrender possession.
ZONING
Zoning: means the designation of a land use to a particular portion of land or site. The land use dictates how that portion can be developed and enjoyed. It does not 'dedicate' land. (eg Land zoned Public Open Space does not imply a right for the Public, it designates how that land is to be used...a land use...it may still stay in private ownership.) Zoning is defined by a Planning Scheme, a legally binding document that defines zones and land use. SIMPLY: Zoning defines what you can and cannot do with your land, in accordance with the current Planning Scheme. HOW WE ASSIST: We have access to all Planning Schemes and can advise your zoning, land use and development potential.

Glossary

ROAD TITLES

ABSORPTION DRAIN

ABSORPTION EASEMENT

ACCRETION

ADHESION ORDER

ADVERSE POSSESSION

AEROBIC WASTEWATER TREATMENT SYSTEMS (AWTS)

AGENT OR AGENCY

APPEAL TRIBUNAL NOTICE

APPEAL TRIBUNAL

APPEAL

APPELLANT

APPRAISAL OF VALUE

ASSENT

ASSETS

AUCTION

AUCTIONEER

BALANCE

BATTER EASEMENT

BLACKWATER & GREYWATER

BODY CORPORATE

BONA FIDE

BOND & GARANTEE

BOUNDARY FENCES

BOUNDARY RECTIFICATION

BOUNDARY REINSTATEMENT

BREACH

BRIDGING FINANCE

BUILDING ENVELOPE

CAPITAL GAIN

CAVEAT

CHATTELS

CIRCA

CLIENT (OF AN AGENT)

CMA

COLLATERAL

COMMISSION

COMMON LAW OR OLD SYSTEM TITLE

COMMON PROPERTY (STRATA)

COMPANY TITLE

COMPILED PLANS

CONDITIONAL CONTRACT

CONDITIONS OF APPROVAL

CONJUNCTION

CONSIDERATION

CONTOUR & DETAIL SURVEYS

CONTOUR

CONTRACT OF SALE

CONVERSION TABLES

CONVEYANCE

COVENANT

CROWN RESERVATION

CT OR CERTIFICATE OF TITLE

DATE OF SETTLEMENT

DATUM

DEEDS OFFICE

DEPOSIT

DEPRECIATION SURVEY

DEPRECIATION

DEVELOPMENT APPLICATION

DISCLAIMERS (SURVEY)

DISPERSMENT

DOMINANT & SERVIENT TENEMENT

DRAINAGE EASEMENT

EASEMENT OF SUPPORT

EASEMENT TO BATTER

EASEMENT

EAVES EASEMENT

EFFLUENT DISPOSAL

ELECTRICITY INFRASTRUCTURE EASEMENT

EMBANKMENT EASEMENT

ENCROACHMENT

ENCUMBRANCE

ENGINEERING SURVEYS

EQUITY

ESTATE

EXCLUSIVE AGENCY

EXTENTION AGREEMENT

F.I.R.B. (FOREIGN INVESTMENT REVIEW BOARD)