Boundary repair issues as a means to resolving an uncertain boundary area - the occupational hazard of Yarradale and Gracemere Streets, Brisbane

Abstract

The issue of boundary repair between adjoining owners whereby the occupation of land may be in conflict with the surveyed plan and title dimensions, occurs in many areas of steeper topography in Queensland, particularly in sections of Brisbane that were settled and surveyed in the 1800’s. A boundary repair problem can occur when there is a significant variation between a cadastral reinstatement by mathematical solution and a cadastral reinstatement based upon the accepted occupation of the land. Such boundary repair survey areas primarily occur due to the accuracy of measurement and instrument techniques at the time of initial survey and subdivision in comparison to current measurement and instrument techniques. The issue of cadastral reinstatement by mathematical solution versus adopting occupation based upon earlier surveys is often a source of argument between cadastral surveyors and frustration for land owners. This paper examines the options available both legislatively and professionally as a practical means to resolve uncertain boundary areas where agreement between adjacent land owners is required or ordered and where land title re-adjustment between adjoining owners is desirable to maintain an accurate cadastre.