2013 Surveying Notes
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School of Architecture and Design Advanced Diploma of Building Design (Architectural)
site surveying Lecture Notes
Andrew Rodda
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• course guides • curricula • assessments
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week #2 Castlemaine
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week#3
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site surveying A Building Covenant is a condition placed on the purchaser of a vacant block of land which restricts the style, size or type of building that he/she may erect. When a subdivision is created the developer may wish to ensure that the land is developed within a reasonable time and that the buildings erected on the land are erected to certain uniform standards. This maintains the value of the remaining blocks of land. It also has the added advantage of creating a community standard for the development. These standards will vary from place to place (and maybe even within various groups or types of allotments within a subdivision). The added advantage is obvious in that you are assured of a development which will conform to a minimum standard thus, preserving the value of your own investment.
Covenant Types: • Building Size • Building Materials • Temporary Constructions • Time > Construction start and end times > Landscaping completion • Fencing Restrictions • Sale (restrictions that compete with original developer) • Approval of Plans (developer driven) from: www.lawstore.com.au/
The Buyer must not carry out or permit to be carried out on the Property any repairs, restorations or wrecking of any motor vehicle, boat, trailer or any other vehicle. 3. No dividing fences forward of the front setback building line are permitted to be erected by the Buyer in any material, except if that fence forms part of a front courtyard and is constructed of the same bricks as the residence. 4. The transferee shall NOT occupy any dwelling on the land UNLESS the Transferee has first caused to be installed curtains visible from all rooms visible from the street. 5. Where retaining walls or fences have been erected on any of the boundaries of the Lot, the Buyer of a Lot shall NOT alter or remove any of the retaining walls or fences, NOT allow or permit the retaining walls or fences to fall into a state of disrepair, and NOT repair or renew such existing retaining walls or fences except in the same style and colour as the existing retaining walls and fences. 6. The Buyer shall not erect or cause to be erected upon the Property a “For Sale” sign until 12 months after the Practical Completion of the construction upon the Property (providing that this restriction shall not prevent the Buyer from selling or otherwise disposing of the Property). If the Buyer does erect such a sign then the Buyer grants the Seller or its agent access to the property for the purpose of removal of the sign. The Buyer hereby agrees to pay the Seller for any costs of removal of the sign from the Property. 7. The Buyer shall NOT display any business or advertising signs in any window or on any part of the exterior of a residence constructed on the Property. 8. The Buyer of a Lot from time to time will NOT make an application to any Court, the Registrar of Titles or Landgate for the partial or whole modification, removal or extinguishments of the Covenants except with the prior written consent of all the Buyers of the other Lots.
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site surveying A land title is an official record of who owns a piece of land. It can also include information about mortgages, covenants, caveats and easements. Victoria’s land titles are held in the state’s online land titles register, managed by the Registrar of Titles using the Torrens system. Before the Torrens system was introduced in 1862, a General Law system operated in Victoria. Changes to information on a title are known as title dealings.
Common reasons for changing details on a title include: • correcting your name and address > a recent purchase of a property
The Torrens title system – named after South Australian Sir Robert Richard Torrens, who is largely credited with designing and implementing it – is a method of recording and registering land ownership and interests. Established in South Australia in 1858, the then revolutionary and efficient land titling system was adopted throughout Australia and New Zealand, and subsequently spread across the world. Countries now using the system include, among others, England and Wales, Ireland, Malaysia, Singapore, Iran, Canada and Madagascar. The Torrens title system works on three principles:
• The land titles Register accurately and completely reflects the current ownership and interests about a person's land. • Because the land titles Register contains all the information about the person’s land, it means that ownership and other interests do not have to be proved by long complicated documents, such as title deeds. • Government guarantee provides for compensation to a person who suffers loss of land or a registered interest .
Changes to information on a title are known as title dealings. Common reasons for changing details on a title include: >
correcting your name and address
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a recent purchase of a property
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re-mortgaging your property
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completing your last mortgage repayment
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the death of an owner.
You can lodge common land dealings yourself, but most are lodged on your behalf by conveyancers, lawyers, financial institutions or surveyors familiar with land administration.
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When you buy a property, you get a certificate of title, which is a paper copy of an entry in the online register. If you have a mortgage, the bank holds the paper copy until your loan is paid out.
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site surveying Section 32 A legal document The Section 32 is a document provided by the seller of real estate (vendor) to an intending purchaser. Its name comes from Section 32 of the Sale of Land Act, which requires a vendor to provide certain information to a purchaser BEFORE a contract of sale is signed. The following is a list of the basic information found in a Section 32.
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site surveying A caveat is a document that any person with a legal interest in a property can lodge with Land Victoria. After registration, a caveat note appears on the title giving prospective buyers notice that a third party might have rights over the property.
The word caveat means beware, and the lodging of a caveat over a property is a way telling anyone who wants to deal with the property to be aware of the fact that someone else's interest already has priority. In other words, a caveat is a written warning to anyone who checks the Certificate of Title of the property that the person who lodged the caveat (known as the "caveator") has an interest in it. The Registrar of Titles cannot deal with the property without first notifying the caveator.
Who can lodge a caveat? When a purchaser signs a contract to purchase real estate, the purchaser acquires what is known as a "caveatable interest". This means that the purchaser is entitled to register a caveat to protect that interest.
Other people can also acquire a "caveatable interest", for example: >
Someone who has signed a contract to buy the same property. This often happens by mistake, where two estate agents sell the same property to different purchasers. The first to lodge a caveat will have priority as purchaser, while the other may only have a right to compensation for the inconvenience.
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A creditor who wants to prevent the vendor from disposing of the property. A creditor may have a written agreement with the vendor by which the creditor is permitted to lodge a caveat to secure a loan. Alternatively, the creditor may have a court order allowing for the lodging of a caveat.
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Other rights. There are numerous other rights that may give rise to a "caveatable interest".
Only a person who has a caveatable interest is entitled to lodge a caveat or to instruct their lawyer to lodge a caveat on their behalf. It is best to have the caveat lodged by a lawyer so that advice can be obtained as to whether a caveatable interest actually exists, whether there are any contractual prohibitions on the lodging of a caveat, and whether further registrations to be made on the caveator's behalf may be affected (a carelessly lodged caveat could prevent a purchaser's own Transfer of Land from being registered or cause a lender to refuse to provide funds on settlement day).
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site surveying An easement is a right held by someone to use land belonging to someone else for a specific purpose. Common examples of easements are drainage, water pipe and carriageway easements. One of the most crucial considerations when a building project is in its design and planning stage is to determine the location of any services or property easements that exist on the site that is planned to be developed. The location of such services and easements can dictate the position and the design of the building on the site. Changes in 1995 saw the introduction of property titles in an electronic format that ceased providing information in relation to site boundaries and easements. In other words, post-1995 titles do not show a diagram of the site or any property easements that may be present. The onus is now on the owner or builder to source that information elsewhere for those more recent property titles. In order to make an accurate assessment of any allotment it is recommended the following information is sourced: Firstly obtain a Property Report (free service) from Land Victoria which provides an allotment diagram, local government information, utilities, utility providers, planning zone and any relevant overlays - http://services.land.vic.gov.au/landchannel/ content/ Dial Before You Dig - New User Registration www.dialbeforeyoudig.com.au For further information HIA members can contact HIA’s Building Services staff on 1300 650 620 or vic_technical@hia.com.au.
One of the most crucial considerations when a building project is in its design and planning stage is to determine the location of any services or property easements that exist on the site that is planned to be developed. The location of such services and easements can dictate the position and the design of the building on the site. If the locations of easements and services are not established at this initial planning stage, it could disrupt the project and a re-design may be required, or at worst the building could be inadvertently placed over an easement without the consent of the appropriate authority. Post-1995 titles do not show a diagram of the site or any property easements that may be present. The onus is now on the owner or builder to source that information elsewhere for those more recent property titles. In order to make an accurate assessment of any allotment it is recommended the following information is sourced:
• Property Report: http://services.land.vic.gov.au/landchannel/content/ • Dial Before You Dig: www.dialbeforeyoudig.com.au Ref No .VIC LEG 08-07
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CREATION
DELETION
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site surveying Adverse possession is a legal rule that enables the occupier of a piece of land to obtain ownership if they can prove uninterrupted and exclusive possession of the land for at least 15 years. Adverse possession claims are complex to prepare and cannot be made against Crown land or councilowned land. If you are not certain about preparing an adverse possession claim you should consider employing a lawyer or other qualified adviser to do the work for you.
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THIS SITE IS AWESOME CLICK THIS LINK IF YOU NEED INFORMATION FOR PLUMBING SYSTEMS
SERVICES LICENSE TO PLUMB
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http:// mirkostrade10.sydneyinstitute. wikispaces.net/file/view/ Drawing+Contours.pdf
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Lincoln Square Feature Survey Site Visit 1: Annotations
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Attachments
Liscence to Plumb