A survey plan is one of the most important documents you will need if you want to build in Australia.
A survey plan is a detailed illustration of the boundaries of your property. Which makes it essential for obtaining building permits. Also, for complying with local government regulations.
However, understanding a survey plan can be a daunting task. Especially if you’re not familiar with property lawyers. In this article, we will provide an extensive guide on how to read the survey plan for your scheme.
The Australian local government laws might not be very different from many Western legal systems. But you need to know them if you’re not familiar with it. Property laws and Property rights are important anywhere you find yourself.
The legal system and legal rights help you to live right in a law society. And know how you can purchase real property if you want to.
Understanding Property Law
Before we dive into the specifics of survey plans. It’s important to have a basic understanding of property law in Australia.
Property law is the area of law that governs the ownership and use of real property. Which refers to land and any permanent structures on it. Property law is a complex area of law, and it’s important to have a property lawyer on your side to ensure that your rights are protected.
Property lawyers are legal professionals who specialize in property law. They can help you navigate the legal system and provide advice on property-related issues such as property ownership, transfer of ownership, property development, and property disputes. Click here to read more about When an Airbnb Guest Won’t Leave: What to Do?
In Sydney, there are many property lawyers who specialize in different aspects of property law, so it’s important to find the best property lawyers to suit your needs.
Property law is an important area of law, as it regulates the use of real property and protects the rights of property owners.
Property law is also closely linked to other areas of law, such as contract law, tort law, and environmental law. It’s important to have a good understanding of property law if you’re planning to build a property in Australia.
Key Elements of a Survey Plan
A survey plan is a legal document that shows the boundaries of a property and any encroachments or easements on the property. A survey plan is created by a licensed surveyor and is a critical document for property owners and developers. Here are some key elements of a survey plan:
Components of a survey plan. A survey plan typically includes a plan view of the property, a scale, a north point, a legend, dimensions of the property boundaries, and a description of the property.
Understanding the layout of a survey plan. A survey plan can be overwhelming to read if you’re not familiar with the layout. The plan view of the property is typically shown as a two-dimensional diagram, with the boundaries of the property outlined in bold lines.
How to interpret the information on a survey plan. Understanding the information on a survey plan is essential for complying with local government regulations and obtaining building permits. The plan will show the boundaries of your property, as well as any encroachments or easements on the property.
An encroachment is when a structure or feature on your property extends beyond the boundary of your property, while an easement is a right to use another person’s property for a specific purpose.
The Importance of Property Rights
Property rights refer to the legal rights of ownership and use of property. Property rights are protected under the law, and it’s important to understand your property rights when reviewing a survey plan. Here are some key aspects of property rights:
Property rights refer to the legal rights of ownership and use of property, including the right to sell, lease, or transfer ownership.
There are two main types of property rights: real property and personal property. Real property refers to land and any permanent structures on it, while personal property refers to intangible things such as stocks, bonds, and other assets.
Property rights are essential for the functioning of a free market economy. They provide individuals and businesses with the legal certainty and security they need to invest in and develop property. Without property rights, there would be little incentive to invest in property, and economic growth would suffer.
Understanding the Legal System
To fully understand the survey plan for your property, it’s important to have a basic understanding of the legal system in Australia. Here are some key aspects of the legal system:
Common law. Australia’s legal system is based on the common law system, which is derived from the legal system of England. Common law is based on judicial decisions and precedents, rather than on written laws.
Legislation. In addition to common law, Australia has a system of legislation, which consists of laws that are passed by the federal government, state governments, and local governments. Legislation is important for regulating property rights and ensuring compliance with local government regulations.
Courts. The Australian legal system has a hierarchy of courts, ranging from local magistrates’ courts to the High Court of Australia. Courts play an important role in interpreting laws and resolving disputes related to property rights.
Local government. The local governments in Australia have the power to regulate property use and development within their jurisdictions. It’s important to understand local government regulations when reviewing a survey plan for your property.
Tips for Reviewing a Survey Plan
Reviewing a survey plan can be a complex task, but with the right guidance, you can ensure that you fully understand the boundaries of your property and any encroachments or easements on the property. Here are some tips for reviewing a survey plan:
Engage a property lawyer. A property lawyer can provide you with expert advice on property law and help you review the survey plan for your property.
Check the plan view. The plan view of the survey plan shows the boundaries of your property and any structures or features on the property. Make sure you understand the layout of the plan view and the scale of the drawing.
Check the legend. The legend of the survey plan provides important information about the symbols and abbreviations used on the plan view. Make sure you understand the legend before reviewing the survey plan.
Check the dimensions. The dimensions on the survey plan show the length and width of the boundaries of your property. Make sure you understand the dimensions and compare them to the dimensions of your property as described in your title deed.
Check for encroachments and easements. The survey plan will show any encroachments or easements on your property. Make sure you understand these and how they may affect your property rights.
A survey plan is an important document for property owners and developers. Understanding how to read a survey plan is essential for complying with local government regulations and obtaining building permits.
It’s important to engage a property lawyer to provide expert advice on property law and help you review your survey plan. By following the tips provided in this article, you can ensure that you fully understand the boundaries of your property and any encroachments or easements on the property.
If you want to know about the law relating to property transactions, we can help you. Including areas such as land ownership and word property. In case you just want to enlighten yourself about the law institute and leasing law. Including the property law committee and Australian taxation office. Chamberlains is the best place to get that.
The Australian government have rules for binding contract, strata title and community title. It is better you learn them before getting involved. We are experts in this area of legal practice.