
Cadastral Survey
What is a Cadastral Survey?
A cadastral survey plan is basically a property boundary survey. They are primarily carried out for legal purposes so as to accurately establish land ownership boundaries and usage.
Cadastral surveys show the boundaries of properties between neighbours and may include items such as easements, which are the right to cross or use someone elses property for a particular reason.
Who Can Perform Them?
In Australia, surveyors who do them must be licensed or registered on the Surveyors Board of the state they are operating in.
This is important because cadastral survey plans become part of the Australian register of property titles (also known as a cadastre) which is managed by the Land Titles Offices in each state.
When Are Cadastral Surveys Needed?
Cadastral or property boundary surveys are needed when:
- New parcels of land are created i.e. a new estate or large land development
- You want to subdivide your block and get several new land titles
- Neighbours want to check their property boundaries prior to fencing or building on or near the boundary
- You want to create and grant an easement for access or use by another party
For existing properties where boundaries need to be redefined, these surveys are commonly known as repeg or re-establishment surveys.
The Cadastral Survey Process: 5 Key Stages
A cadastral survey isn’t just about hammering a few pegs into the ground; it’s a precise legal procedure. Here’s a breakdown of the five essential stages your licensed surveyor follows to define your property’s boundaries.
Stage 1: Research
Think of this as the surveyor becoming a detective. Before anyone sets foot on your land, they must establish the legal starting point.
- Define the Goal: We start by clarifying exactly what you need (e.g., a boundary check, subdivision, or defining an easement).
- Digging into the Archives: The surveyor accesses the state’s Land Titles Office or relevant archives to pull every current and historical survey plan and title document related to your property and your neighbours. This is crucial because legal records always govern boundary location, not existing fences or landscaping.
- Creating the Blueprint: Using this historical data, the surveyor mathematically calculates the precise, theoretical position of every corner and boundary line.
Stage 2: Boundary Calculations
The surveyor must use the legal records to mathematically determine where the boundaries should be located.
- Data Analysis: The surveyor analyses the official bearings and distances from the historical plans.
- Coordinate Calculations: The team thoroughly searches for any existing official boundary monuments (old pegs, iron pipes, concrete marks) referenced in the legal records. This process is important as it prioritises legal documentation over the potentially incorrect placement of existing fences or old markers.
Stage 3: Field Verification and Measurement
This is where the surveyors gather data on the ground to confirm or contradict the historical records.
- Testing the Theory: Every found mark is measured and checked against the surveyor’s pre-calculated legal coordinates. If the existing mark matches the legal data, it is used as is.
- Collecting the Context: While there, the team also measures the location of nearby structures (fences, retaining walls, buildings) relative to the boundary. This step helps identify potential encroachments where a neighbour’s structure might accidentally cross your legal line.
Stage 4: Defining and Marking the Boundary
Based on all the evidence—the legal records, the mathematical calculations, and the physical measurements—the surveyor makes the final, definitive call on the boundary location.
- Re-establishment: If original boundary marks were missing or disturbed, the surveyor uses the verified control points and legal calculations to accurately re-establish the legal corner on the ground.
- Placing Monuments: New, durable survey marks (pegs or pins) are physically placed at all corners and direction changes of the boundary. This is the moment the legal boundary becomes physically defined for you on your land.
Stage 5: Legal Finalisation (Drafting and Registration)
The work moves from the field back to the office to create the final legal document.
- Plan Certification: The surveyor drafts the official Cadastral Plan (often called a Deposited Plan). This plan details all the measurements, the location of the new monuments, and any legal constraints like easements. The plan is signed and certified by the Licensed/Registered Surveyor.
- Lodgement and Title Update: The certified plan is officially lodged with the Land Titles Office. Once the government body approves the plan, it is registered, and the new boundary information is formally incorporated into the State’s official record of land ownership – the Cadastre – making it the new legal definition of your property.
The Risks of Not Surveying
A cadastral survey provides legal certainty. Skipping it can lead to major legal and financial issues. Here are the core risks:
Boundary Disputes and Encroachment
- Fences Aren’t Legal: Relying solely on old fences or landscaping is risky, as they are often misplaced and do not represent the legal boundary line.
- The Cost of Encroachment: If you build a structure (like a wall, shed, or retaining wall) that accidentally crosses the legal boundary line (encroachment), you can be forced to demolish it or pay substantial compensation to your neighbour to resolve the matter legally.
Development and Approval Delays
- Violating Setbacks: Without a survey, you risk building too close to the legal boundary, violating local government setback regulations. This can lead to your building permit being rejected or requiring expensive structural modifications.
- Subdivision Failure: Any attempt to create new legal lots (subdivision) requires the Land Titles Office (Landgate in WA) to confirm the boundaries. Inaccurate or undocumented boundaries will cause your plan to be rejected.
Financial and Legal Liability
- Undiscovered Easements: You risk building over a legally registered easement (the right for a utility or neighbour to use part of your land). If access is needed, the utility company has the right to remove your structure, and you bear the cost.
- Title Risk: When you buy or sell, title insurance companies or banks may require a current survey to mitigate risk. Failing to survey means you might unknowingly inherit a costly boundary dispute from the previous owner.
A cadastral survey is an essential legal insurance policy that provides the definitive, certified evidence needed to protect your investment and peace of mind.
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