School of Surveying and Spatial Information Systems
The University of New South Wales
Summary of 10 Recent Cadastral Law Cases
by James Wards
Supervised by Mr M. B. Green
Co-ordinated by Professor Chris Rizos
The following cases are concerned with aspects of law commonly encountered by surveyors in practice. The aspects addressed in this thesis include Strata Unit Entitlements, Public Roads/Ad medium filum, Easements for Rights of Way and Parking, Encroachment of Buildings, Adverse Possession and Boundary Disputes.
“The true nature of the boundary surveyor’s role lies not in theories of exact measurement but in the proposition that the basic determinant of the limits of any region in respect of which some person holds exclusive rights is not a matter of surveying, but a matter of law.” (Hallmann, 2004)
1. The Owners Corporation SP 1281 v Lot Owners 1 to 18  NSWCTTT 18 addressed the issue of imbalances in Unit Entitlement.
2. Aquilina v Blacktown City Council  NSWSC 140 saw a situation where a land owner tried to revoke a local council’s dedication of a unformed public road.
3. South Maitland Railways Pty Ltd v Satellite Centres Australia Pty Ltd  NSWSC 716 looked at a claim of adverse possession.
4. Groeneveld v Wollongong City Council  NSWSC 752 saw a land owner attempting to obtain a permanent injunction to prevent the closure and sale of a portion of a public road.
5. Sahab Holdings Pty Limited v Registrar-General & Anor  NSWSC 1143 addressed the issue of who is legally entitled to know the reasons why the Register-General deleted covenants and rights of way.
6. McCrow v Chaplin  NSWSC 965 looked at the difficulty in having a right of way extinguished and addressed access requirements.
7. Brydall v The Owners of Strata Plan 66794  NSWSC 819 looked at an easement for parking issue and who is authorized to use of an area affected by an easement.
8. Westfield and Anor. v The Registrar-General  NSWLEC 248, to the present time, is the last boundary determination that was challenged in the courts.
9. Gunther v Taylor  NSWLEC 127 looked at a boundary encroachment by a neighbour’s retaining wall.
10. Owners SP 30339 v Torada Pty Ltd & Anor  NSWSC 1154 saw the local Council approving a development which openly sought access across a boundary without a legal entitlement to do so.
Mr Michael Green
Mr James Wards