The new requirements introduce processes to:
- prevent, wherever possible, a sliver being created, left unclaimed or unidentified;
- where the creation of a sliver is unavoidable, identify the sliver as a separate fully defined lot in the new plan;
- introduce a simplified process to allow for the vesting of legal ownership of the sliver into the name of the adjoining owner in possession.
The key changes for surveyors and their clients are:
- Consent of adjoining owners
The owner/developer of the subject land should always attempt to deal with the whole of the land to avoid a potential sliver situation being created prior to lodging the plan. For example, by obtaining the consent of the adjoining owner(s) in possession of the sliver, the whole of the land in the Deed can be included in the delimitation lot(s) or Primary Application. This continues the existing process of obtaining adjoining owner(s) consent to the plan. Alternatively, evidence to the satisfaction of NSW LRS which justifies the adoption of a boundary outside occupations must be provided. Additional information can be found at
https://rg-guidelines.nswlrs.com.au/deposited_plans/boundary_definition/os_boundaries
- New practice where a sliver is unavoidable:
In instances where a sliver cannot be dealt with prior to lodgment of the plan with NSW LRS, new requirements which will commence on 1 January 2021 that will enable the sliver to be identified as a separate, fully dimensioned lot (including area) in the new plan (see Diagram A below).
In preparing the plan, a surveyor should advise the owner/developer that by creating a sliver lot, the owner acknowledges that ownership and any rights or claims over the sliver lot have been relinquished.
The sliver lot(s) are created for identification purposes only. Subsequently, the marking of the extremities of sliver lots adjoining the possessors land will not be required. The surveyor will include a standard statement (as shown in Diagram A) on the plan to clearly indicate the creation of a sliver lot and the purpose for its creation.
A new Registrar General’s Guideline will be published to provide guidance to surveyors.
- Registration of the plan
As part of the attempt to deal with potential sliver lots, and to facilitate the prompt registration of the plan, a simple proforma document will be made available for completion by an adjoining owner in possession of the land indicating their intention to maintain their interest in the occupied land. On provision of this document NSW LRS will correspond with the adjoining owner and inform them how to pursue a possessory claim.
If this form is provided at the time of lodgment then, subject to any other requirements and/or requisitions, the plan will proceed to registration without delay.
Surveyors should advise their clients that where the proforma document is not provided, and where there is potential for an adjoining owner to claim part of the land by possession, registration of the plan will be delayed pending a notice process whereby the adjoining owner(s) will be engaged to disclose their intentions regarding possession.
On creation of a sliver lot, a Title search will return a message to indicate that the land is not suitable for separate Title creation. Sliver lots will be separately identified in the DCDB based on the new Lot number and DP number.
- Claiming a sliver lot
A simplified process will be implemented to allow an adjoining owner in possession to formally claim the land. The evidence required to accompany the dealing will include a statutory declaration detailing the adjoining owner’s period of possession and possessory acts, similar to a statutory declaration that would accompany a Primary or a Possessory Application. A new Registrar General’s Guideline will be published outlining these requirements in more detail.
For further information please see the Updated Industry Paper
https://www.nswlrs.com.au/Fact-Sheets
You can also send an email to
PlanInquiry@nswlrs.com.au