Sell My Land

What a buyer of land checks before signing · A guide published by Dotto

Peg A of six Boundaries and surveys · Queensland and Victoria

Property boundaries and identification surveys

In Queensland a block’s boundaries are defined by the survey marks at its corners, usually white pegs, and not by GPS coordinates or by measuring from the kerb. In both Queensland and Victoria only a registered surveyor may carry out the survey that defines and marks them: a registered cadastral surveyor in Queensland, a licensed surveyor in Victoria.

Peg A is the first corner: the one every other measurement on the plan starts from.

Drawn for this guide. Not a survey of any real land.

General information, not legal or surveying advice. In Queensland, Business Queensland’s page on survey marks and property boundaries is the official place to check; in Victoria, the Surveyors Registration Board of Victoria. Both are listed at the foot of this page.

What does not mark the boundary

Business Queensland is plain about it: a survey plan does not show where the kerb sits in relation to the boundaries, so measuring from the kerb will not find a property boundary. The Queensland Globe, the state’s online map, shows parcel lines too, but the government says those lines do not represent the true boundaries on the ground and should not be relied on for them.

Consumer Affairs Victoria’s due diligence checklist for buyers makes the same point from the other side. It suggests comparing the measurements on the title with the fences and buildings actually standing on the land, and, if they do not seem to match, speaking to a lawyer or conveyancer or commissioning a site survey to establish the boundaries.

What is in the ground

Queensland’s page describes the marks a buyer may find on or near a block.

Cadastral mark
Marks a property boundary, most often as a white peg at a corner.
Reference mark
Placed near a corner peg to help a surveyor re-establish the corner later: usually an iron pin buried close by, or a nail in the kerb.
Permanent survey mark
A more substantial mark, such as a concrete block buried 300 millimetres deep with a brass plaque at its centre, or a mini mark set in the kerb. These usually carry a number and are recorded in the state’s Survey Control Database.

These marks are protected. Queensland makes it an offence, under section 42 of its Survey and Mapping Infrastructure Act 2003, to disturb a survey mark unless that has been approved. Cadastral marks, the state says, should be disturbed only where building a fence or structure along a boundary requires it, or by a registered surveyor doing a survey. Survey control reports for permanent marks, with a sketch of each mark, are free through the Queensland Globe.

Who may mark a boundary

Boundary surveys in the two states, as each state’s page describes them
PointQueenslandVictoria
The professionalA surveyor registered with the Surveyors Board of Queensland. A licensed surveyor, registered by the Surveyors Registration Board of Victoria under the Surveying Act 2004.
The kinds of surveyCadastral surveys, which include subdivision surveys (creating or changing boundaries) and identification surveys (marking existing ones). Cadastral surveys, done mostly to subdivide land or to re-establish the boundaries of land surveyed before.
A survey by anyone elseOnly registered surveyors can undertake cadastral surveys. Anyone else who does a boundary survey can be prosecuted, and the survey has no legal standing.

The Victorian board lists people who are not licensed surveyors, whatever their skill. Among them are architects, building surveyors and building inspectors, builders and fencing contractors, property developers and engineers, landscape gardeners, and people who produce plans or maps. A fencing contractor builds the fence; under the board’s rule, only a licensed surveyor defines where the boundary runs.

When the Victorian board says a licensed surveyor is needed

The board’s own list of occasions:

Checking the register

The Surveyors Registration Board of Victoria keeps a Register of Licensed Surveyors under section 15 of the Surveying Act 2004. Anyone may inspect it at the board’s office during ordinary hours without charge, and an abridged copy is online, showing at least each surveyor’s name, registration number and status. The status is the part to read:

Registration status on the Victorian register
StatusWhat it means for a boundary survey
PractisingAuthorised to carry out cadastral surveys.
Non-practisingNot authorised to carry out cadastral surveys.
SuspendedRegistration suspended after disciplinary action.
ExpiredRegistration lapsed on 31 December. A practising surveyor shown as expired may still carry out cadastral surveys until 31 March while renewing.

The board describes the online copy as abridged and liable to change at short notice, and suggests contacting its secretariat to confirm a surveyor’s current status.

When a survey turns something up

Queensland’s page sets out what happens around a boundary survey, and most of it concerns the neighbours as much as the owner.

  1. Access. A surveyor may enter land to survey it or to place marks, under section 22 of the Survey and Mapping Infrastructure Act 2003, subject to the notice of entry in section 23. Usually the surveyor asks the occupier first. The power does not extend to entering a building where someone lives, and obstructing a surveyor without a reasonable excuse is an offence under section 27(2)(a).
  2. Notice to neighbours. When a surveyor reinstates a boundary, every landholder who may be affected must be told. That notification is a record for their information, not a demand that anyone remove an encroachment.
  3. Disagreement. An owner who disagrees with where a corner mark has been placed is told to raise it with the surveyor first. Where an error or negligence is suspected, the page points to “independent legal advice”, and says adjoining owners may engage “an independent registered cadastral surveyor” to identify the boundary.
  4. Disputes. Disputes between neighbours over a boundary are for dispute resolution, mediation or other remedies, and the page names the Queensland Civil and Administrative Tribunal for information on boundary disputes.
  5. Retaining walls. A cadastral surveyor can fix where a retaining wall sits against the boundary, but the page notes that who built the wall and who benefits from it also matter.

Whether a fence stands on the common boundary is itself a question for an identification survey by a registered cadastral surveyor, Business Queensland says. What happens to that fence next is Peg C, dividing fences; the rights other people may hold over the land inside the boundary are Peg B, easements and access.