The resolution of uncertain boundaries at Amity Point (North Stradbroke Island)

Abstract

The encroachment situation at Amity Point was initiated by occupation constructed off alignment to the original property boundary of Lot 521 A33912. Further fencing and dwelling construction over a period of time has seen these encroachments compounded. A resolution of these encroachments is required to ensure the occupants of Amity Point are certain of their true boundary location. Under the current legislative system in Queensland there are three methods available for rectification of uncertain boundaries. The three methods available are by absolute surrender pursuant to the Land Act 1994, reconfiguration of a lot pursuant to the Integrated Planning Act 1997 and remedy through the Supreme Court. This project documents a complex case study of the methods available involving the resolution of uncertain boundaries resulting in the production of a proposed survey plan for issuing title for the rectification of the uncertain boundary for the chosen case study. A 2004/2005 review of legislation proposed by the Department of Natural Resources and Mines for the resolution of uncertain boundaries is critiqued for its usefulness in boundary resolution.