Jon:
David in Mount Waverley good morning to you. You’re through to David.
David:
Yes, good morning. I’m really ringing up on behalf of my son who bought an inner city property three to four years ago. He’s had plans approved for an extension and in the process, he’s had the land surveyor come out.
DW:
Yes.
David:
By the way, it’s a single fronted free-stander; the house was been built in about 1920-21.
DW:
Yep.
David:
The land surveyor said that there is about a metre, on the hall side of the house, that they can’t work out who owns that strip of land. We’re wondering would you be able to advise him what we do or what our next step is?
DW:
Let’s take it back a bit, David. Back in the old days, we defined land by reference to each of its measurements and its distance from a point; from an intersection.
I had a similar problem to the one David’s talking about in Riversdale Road in Hawthorn. We had one surveyor who started his survey from the corner of Power Street and someone else who started their survey from the corner of Glenferrie Road.
So different surveys done at different times, and I had another one in Glen Iris. They didn’t match.
Jon:
They should match though, that’s the whole point.
DW:
They don’t meet.
Jon:
So there’s something wrong on the survey plan.
DW:
No, well it might well be that the original point taken at one intersection or the other isn’t where it ought to be, so everybody’s out.
Jon:
Someone’s rebuilt an intersection and moved the survey point or whatever might be.
DW:
Oh no; it’s an offence under the Survey Act to move a survey point.
Jon:
Don’t tell me it doesn’t happen. Yes it does.
DW:
Oh Jon, I’ve never seen it happen in my life.
Jon:
(laughs) No, no, of course not.
DW:
So David there is a process where you can apply for the title to that. It’s not technically an adverse possession application. I can’t remember the section under the Transfer of Land Act but what you’re really doing is seeking to amend the title so that it matches.
David:
Okay.
DW:
Alright? So it is possible for you to get title to that land but it’s a discussion that you have with your surveyor and if you like I’ll tell you what the section is under the Transfer of Land Act for next week.
Jon:
Alright, David? So tune in again.
And I’m being told that Hoddle Street has reopened north bound at Gipps Street, which is the second intersection heading towards the Eastern freeway after Victoria Parade. There was a big crash there. Fire brigades were in attendance, I’m told. At 10.20 that’s just reopened northbound; it will take some time for the traffic to clear.