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

October 2010

 


Introduction

 

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)

 


Cases

 

1. The Owners Corporation SP 1281 v Lot Owners 1 to 18 [2010] NSWCTTT 18 addressed the issue of imbalances in Unit Entitlement.

2. Aquilina v Blacktown City Council [2009] 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 [2009] NSWSC 716 looked at a claim of adverse possession.

4. Groeneveld v Wollongong City Council [2009] 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 [2009] 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 [2009] 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 [2009] 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 [2002]  NSWLEC 248, to the present time, is the last boundary determination that was challenged in the courts.

9. Gunther v Taylor [2008] NSWLEC 127 looked at a boundary encroachment by a neighbour’s retaining wall.

10. Owners SP 30339 v Torada Pty Ltd & Anor [2008] NSWSC 1154 saw the local Council approving a development which openly sought access across a boundary without a legal entitlement to do so.

 


Further Information
For more information, please contact:

Mr Michael Green
Email: Michael.Green@unsw.edu.au

Mail:
School of Surveying and Spatial Information Systems
University of New South Wales
UNSW SYDNEY NSW 2052
Australia

Phone: +61-2-9385-4193
Fax:      +61-2-9313-7493
WWW:
http://www.ssis.unsw.edu.au

Mr James Wards
Email:
wards79@hotmail.com