What Is A Plan Of Redefinition?
A plan of redefinition is a legal document that re-establishes the boundaries of a land parcel, considering site boundaries and adjoining land rights.
Prepared by a Registered Land Surveyor, these plans place marks at each corner and include reference points to ensure accurate boundary identification.
Once examined and registered with NSW Land Registry Services (NSWLRS), the plan becomes part of the public record of the cadastre. The “Race to the Register” principle applies, meaning plans are registered in the order of lodgement, and subsequent plans must reflect those already registered. This is crucial for anyone looking to claim any available or excess land before another party does.
What We Offer
At Clement & Reid, we provide plans of redefinition to redefine property boundaries, ensuring compliance with legal requirements. Our team provides tailored solutions to meet your specific needs, helping facilitate your project smoothly.
Experience In Boundary Surveys
Clement & Reid have extensive experience in handling complex boundary redefinitions for accurate land demarcation.
What Is A Plan Of Redefinition Required For?
A plan of redefinition is required in several key situations, including when boundaries of a parcel are lost, or there are discrepancies in the local area of the land. A redefinition can be used to claim any excess of land which may be available to owners.
A redefinition plan is very prudent for owners of old lots (pre 1933), which may have never been marked on the ground or where dimensional discrepancies exist.
It is often used as a base plan for future strata subdivisions and helps to resolve boundary disputes or anomalies.
This plan is also necessary when excess or shortages of land are found or when accurate boundary dimensions are essential for development projects. Additionally, it removes uncertainty by clarifying boundary positions, eliminating any reliance on mere “opinion” for boundary locations.
Plan Of RedefinitionFAQ
What Is A Plan of Redefinition?
A Plan of Redefinition is a type of survey plan prepared by a registered land surveyor to accurately redefine the boundaries of a property. It is used when the existing plan of the land—usually a deposited plan registered with NSW Land Registry Services (LRS)—is outdated, incomplete, or unreliable.
The plan once registered will be the base for a new title to issue.
Common reasons for needing a Plan of Redefinition include:
- Correcting inconsistencies between the title and physical determined boundary
- Updating old or compiled plans not based on precise survey data
- Preparing accurate base data for a strata plan or subdivision
- Addressing excess or shortage of land identified during survey
- Realigning boundaries due to gradual natural changes (e.g. erosion)
The plan is lodged with NSW LRS and may be accompanied by a surveyor’s report justifying the redefined boundaries. It plays a critical role in ensuring clarity, especially before development, construction, subdivision, or property registration.
How Much Might A Plan Of Redefinition Cost ?
The cost of a Plan of Redefinition in New South Wales varies based on factors such as property size, complexity, number of bends, property location, accessibility to the lot corners and the extent of boundary discrepancies. For straightforward residential properties. The surveys can take around 2 days on site plus calculation and plan preparation time. More complex projects, such as those involving large parcels, significant boundary issues, or integration with strata developments, may incur higher costs.
Each property is different, and a one size fits all cost can not be given. The cost is usually in the thousands of dollars.
Key cost components include:
- Surveyor’s Fees: Charges for conducting the physical survey, analyzing historical data, and preparing the redefinition plan.
- Additional Expenses: These may encompass title searches, historical plan retrievals, and legal consultations, especially if natural boundary changes or disputes are involved.
It's advisable to obtain a detailed quote from a registered surveyor who can assess the specific requirements of your property and provide an accurate estimate.
How is a plan of redefinition different from other survey plans?
A plan of redefinition focuses specifically on clarifying or redefining property boundaries, while other surveys may address construction or topographic details. A plan of redefinition requires Registration at NSW LRS to take any effect.
What documentation is needed for a plan of redefinition?
You will need only the right to ask for a redefinition plan. Any owner or agent acting for an owner can initiate the plan process.
Can a plan of redefinition be used for subdividing land?
No, a redefinition plan cannot be used to subdivide. It cannot create additional lots, although it may create easements or propose easements.
A redefinition plan can be a base to a future subdivision plan so that design can be undertaken with a level of surety.
Why Do I Need a Plan of Redefinition?
A Plan of Redefinition is needed when the existing title diagram does not adequately reflect the boundaries of the land as determined by survey. This situation is reasonably common and can come around particularly in old areas, in areas where there is lots of new development and in areas where boundaries are lost. Survey plans ( title diagrams) prepared before 1936 often do not contain any reference marks, meaning that boundaries can wander over time.
If the Surveyor expresses any doubt as to boundary location or discovers a shortage or excess of land available to the lot, then he should be recommending a redefinition plan.
It is prepared by a registered surveyor and lodged with NSW Land Registry Services to legally update the property’s title.
For residential owners, this may be required when replacing fences, resolving boundary disputes, or applying for council approvals. For developers, it is often essential for subdivision, preparing strata plans, or correcting compiled plans that are not suitable for modern development.
A Plan of Redefinition ensures peace of mind of not only boundary location but quantum of land. It must be based on a current field survey and must be registered at NSW LRS to take effect. In most cases, adjoining owner consent is not required unless natural boundaries are being altered or where a neighbour may have an adverse possession claim in the case of limited land.
Can a plan of redefinition be used for subdividing land?
No, a redefinition plan cannot be used to subdivide. It cannot create additional lots, although it may create easements or propose easements.
A redefinition plan can be a base to a future subdivision plan so that design can be undertaken with a level of surety.
Comprehensive Support
We offer ongoing assistance, guiding you through each stage of your plan of redefinition project.