sec.13Taking account of parties’ rights and obligations

### sec.13 Taking account of parties’ rights and obligations A cadastral surveyor carrying out a cadastral survey must, in identifying or marking a boundary of land, take account of the rights and obligations of each party affected by the boundary. an owner of land sharing the boundary an owner of land near the boundary if the owner’s understanding of the position of the boundaries of the owner’s land may change as a result of reinstating the boundary an owner of land benefited by an easement if the owner’s understanding of the position of the boundaries of the easement may change as a result of reinstating the boundary The affected parties rights and obligations may be taken account of by, for example, ensuring each of the following for the cadastral survey— cadastral boundaries are reinstated in accordance with the hierarchy of reinstatement evidence; cadastral boundaries are defined by abuttals with no gaps between, or overlaps of, the boundaries; any natural feature forming a boundary of land is clearly described on the plan of survey for the cadastral survey and the feature’s position is shown on the plan; if there is an apparent irregularity in information recorded for an existing survey mark, the irregularity is recorded in— a State dataset; or the land registry; Observations made by the surveyor relating to a survey mark differ from the information recorded for the mark in a State dataset. any encroachment is identified and, if the encroachment is substantial, each owner of land affected by the encroachment is notified. (sec.13-ssec.1) A cadastral surveyor carrying out a cadastral survey must, in identifying or marking a boundary of land, take account of the rights and obligations of each party affected by the boundary. an owner of land sharing the boundary an owner of land near the boundary if the owner’s understanding of the position of the boundaries of the owner’s land may change as a result of reinstating the boundary an owner of land benefited by an easement if the owner’s understanding of the position of the boundaries of the easement may change as a result of reinstating the boundary (sec.13-ssec.2) The affected parties rights and obligations may be taken account of by, for example, ensuring each of the following for the cadastral survey— cadastral boundaries are reinstated in accordance with the hierarchy of reinstatement evidence; cadastral boundaries are defined by abuttals with no gaps between, or overlaps of, the boundaries; any natural feature forming a boundary of land is clearly described on the plan of survey for the cadastral survey and the feature’s position is shown on the plan; if there is an apparent irregularity in information recorded for an existing survey mark, the irregularity is recorded in— a State dataset; or the land registry; Observations made by the surveyor relating to a survey mark differ from the information recorded for the mark in a State dataset. any encroachment is identified and, if the encroachment is substantial, each owner of land affected by the encroachment is notified. - • an owner of land sharing the boundary - • an owner of land near the boundary if the owner’s understanding of the position of the boundaries of the owner’s land may change as a result of reinstating the boundary - • an owner of land benefited by an easement if the owner’s understanding of the position of the boundaries of the easement may change as a result of reinstating the boundary - (a) cadastral boundaries are reinstated in accordance with the hierarchy of reinstatement evidence; - (b) cadastral boundaries are defined by abuttals with no gaps between, or overlaps of, the boundaries; - (c) any natural feature forming a boundary of land is clearly described on the plan of survey for the cadastral survey and the feature’s position is shown on the plan; - (d) if there is an apparent irregularity in information recorded for an existing survey mark, the irregularity is recorded in— (i) a State dataset; or (ii) the land registry; Example of an apparent irregularity— Observations made by the surveyor relating to a survey mark differ from the information recorded for the mark in a State dataset. - (i) a State dataset; or - (ii) the land registry; - (e) any encroachment is identified and, if the encroachment is substantial, each owner of land affected by the encroachment is notified. - (i) a State dataset; or - (ii) the land registry;