Determination of property boundaries in NSW where monument movement has occurred

Howard, Damian John (2008) Determination of property boundaries in NSW where monument movement has occurred. [USQ Project]


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This project examines the premise ‘Monuments take precedence over Measurements’ in order to better understand how it has come into existence and how it has gained such acceptance within the surveying profession. Investigation has been conducted into recent changes to law and/or regulations to determine if they have caused an impact on how the premise is applied to boundary determination and how this impact may affect the surveying profession when examining the process for obtaining approvals for new boundary definitions, in particular with water boundaries. From this research and analysis the aim is to develop a recommended procedure for surveyors to follow which will help facilitate the approval process for new boundary definitions such as with Mean High Water Mark (MHWM) redefinitions.

Within the surveying profession, the premise has received its precedent from numerous Australian law cases with some of the more recognised cases utilising prior discussions
from overseas sources to aid in reaching judgement. These international sources are wide-ranging, but particularly from American experiences. Over the years since these
judgements the principles behind them have evolved to the point that there now exists an approximate hierarchy as to the relative importance of different types of evidence
used in boundary definitions.

This hierarchy has been included in several publications over the years with the most notable being its inclusion in NSW Surveyor General’s Directions No.7 (2004). An
amendment was made to water boundary legislation in 2003 which modified the doctrine of erosion, wearing away, and accretion, building up, of land by natural means
in coastal areas causing these types of claims in redefining MHWM to require a much greater level of investigation than was previously required.

A number of sites where a redefinition of MHWM have been applied for are reviewed. These sites show the complexities that arise in different locations and the processes that were followed in the redefinition applications. From an analysis of these study sites a
procedure has been developed which will provide surveyors with a better guideline to follow in preparing redefinition applications. This research has also prompted several recommendations that could enable quicker processing of applications.

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Item Type: USQ Project
Refereed: No
Item Status: Live Archive
Faculty/School / Institute/Centre: Historic - Faculty of Engineering and Surveying - Department of Surveying and Land Information (Up to 30 Jun 2013)
Date Deposited: 12 Nov 2009 00:53
Last Modified: 02 Jul 2013 23:29
Uncontrolled Keywords: property boundaries; New South Wales; monuments
Fields of Research (2008): 09 Engineering > 0909 Geomatic Engineering > 090906 Surveying (incl. Hydrographic Surveying)
Fields of Research (2020): 40 ENGINEERING > 4013 Geomatic engineering > 401306 Surveying (incl. hydrographic surveying)

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