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Subdividing a parcel by road 1999/2

Issued May 2000

Subdivision by road not requiring the consent of the local council (de facto subdivisions) has not been the concern of the LTO since the Environmental Planning and Assessment Amendment Act 1997 came into force on 1 July 1998.

However, local councils are concerned that the manner in which plans define these roads may compromise the council in a future request for subdivision.

If the local council's position is compromised, the LTO may be held responsible for changes made in defining these roads, prior to or after registration, which are not in accordance with the council's requirements.

Therefore, any alteration to the manner in which the road was defined when the plan was originally consented to by the council will require the re-acceptance of the Certifying Authority, whether or not the amendment was:

  • required by the LTO to comply with accepted practice
  • requested by the surveyor or
  • requested by any other person.

LTO Practice

Surveyors should apply the following practice when defining road(s) which partition a parcel:

  • When either side of the road is defined by a firm unbroken line(s) the unbroken line must be fully dimensioned and:
  • vinculums MUST be shown between the separate parts of the lot, or
  • each separate part is identified as being part of the lot.
  • When both sides of the road are defined by broken lines, either side of the road may be dimensioned (not obligatory) and vinculums MAY BE used to join the separate parts of the lot (also not obligatory).

NSW Land Registry Servicesrs preparing a Departmental Plan should be careful to ensure that the manner in which they define a road passing through a lot is consistent with its prior definition and the original intention. If in doubt they should consult their supervisor.

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