Titles with Warnings as to dimensions

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ISV Glenelg Grampians Group Seminar 21st November 2013

Application & Survey Branch

Land Registration Services

Titles with Warnings as to dimensions - Overview

• Part IV of the Fifth Schedule of the Transfer of Land Act 1958 • Usually referred to as a 'survey warning‘• Most common form of warning• Appears on any title issued from General Law conversion not

based on survey, unless the land is a whole Crown parcel

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Warning as to DimensionsAny dimension and connecting distance shown is based on the description of the land as contained in the General Law Title and is not based on survey information which has been investigated by the Registrar of Titles'.

Titles with Warnings as to dimensions - Overview

Must a section 26P application be lodged when dealing with title/s with a Warning as to Dimensions?

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YES• If claiming additional land - TLA or NUA

• If require dimensions updated and no dealing to be lodged eg undertaking a re- establishment survey only

NO• If Subdivision or Consolidation is lodged on a title with Warning, is based on survey and doesn’t affect abutting land

• Used for removing a ‘Warning as to Dimensions” on a• provisional folio – must be survey based

• Occupation generally be adopted as the boundaries.

• The Plan of Survey should be prepared similarly to those• prepared for a Sec 15, 60 or 99 applications.

Titles with Warnings as to dimensions - Overview

Characteristics of a Section 26P Application

Titles with Warnings as to dimensions – Township PS example

Titles with Warnings as to dimensions – Simple 26P example

Titles with Warnings as to dimensions – Rural PS example

Titles with Warnings as to dimensions – Rural PS example

Should have been s26P?

Titles with Warnings as to dimensions – Rural 26P example

Titles with Warnings as to dimensions – Complex 26P example

Questions?

Titles with Warnings as to dimensions