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The role of a Land Identification Survey

An Identification Survey or just ‘Ident’ is a survey that is required for the purpose of identifying a parcel of land and the related existing buildings and improvements.

It may only be undertaken by a Registered Surveyor. Blank Checklist On Clipboard With Three Red Check Marks

An Ident shows the position of Boundary fences and confirms they are correctly located on the Land and the Title reference is correctly lined up with the Street in relation to boundaries and shows any encroachments by or upon the subject land.

It will also reveal the existence of any easements (for drainage, etc.), Covenants and Restrictions on land use, and whether or not the subject land complies with the terms and conditions.

The Ident Survey will also report on the distances of the walls or eaves and gutters from the side boundary of the land.

The Ident confirms the area of land purchased correlates to the amount of Land the Title says you are entitled to, guaranteed by the NSWLPI.

NOTE:  
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  • The Vendor is not required to attach an Ident for a Sale of a freestanding house, semi-detached or attached semi under the current Vendor Disclosure legislation.
  • Apartments & Town Houses do not require a Land Identification Survey as the Strata Plan forms the ID and measurements of the Lot.
  • A Strata Plan subdivides the air where a Land Identification Survey Report focuses on Subdivision of Land.

Vendor Disclosure

Vendor Disclosure is where the Vendor warrants as at the date of the contract and except as disclosed in the contract: the property is not affected by any adverse Affectations according to the Conveyancing Act 1919 – Conveyancing (Sale of Land) Regulation 2010 – Schedule 3 – Prescribed warranties.

When to get a Land Identification Survey (Ident) Savings, Finances, Economy And Home Budget Concept Close Up

It is important for a prospective Purchaser of a freestanding house, semi-detached or attached semi to get an Identification Survey (Ident) to ensure they are buying the property they have been shown and to reveal if there are any problems, especially property defects such as encroachments or easements (as listed above) that may devalue the property for future resale.

Identification Surveys are also required by Council when lodging a Building Certificate Application.

Garth Browns Comments

As with every purchase of a property our firm recommends due diligence by the Purchaser as the legal principle ‘Caveat Emptor’ (Let the buyer beware) applies and the onus is on the Purchaser.

An Ident along with other reports and searches will give peace of mind.

 



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About

Garth Brown is the Founder and Director of Brown and Brown Conveyancers one of Sydney’s leading Conveyancing Firms. With 20 years experience as a practicing Conveyancer he has assisted hundreds of Clients to navigate through the maze of conveyancing issues when buying and selling property. Visit www.conveyancers.net.au/


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