Secondary Interest Survey

Secondary Interest Surveys are commonly required when a landowner wishes to allow another landowner to utilise their own land for a particular purpose such as use of easements, covenants, profit a prendres, plantation licence plans, carbon abatement interests or forest consent areas.

Most commonly covenants are required during a development application approval; however they can also be requested by the State Government.

The reasons for a covenant are as follows:

    • To ensure a lot cannot be transferred without another being transferred with it. This may be due to a lot not having legal access to it, or due to the size of the lots.
    • Environmental purposed (green areas)
    • The use of a lot or part of a lot; or
    • The use of a building built or proposed to be built on a lot; or
    • The conservation of a physical or natural feature of a lot; or[1]
Surveying parkland.
Surveying parkland.

A plan of survey is required only if the covenant is over part of a lot.  

The other secondary interests examples listed above are generally very specific to a certain aspect. Carbon abatement interests for example are to register a carbon abatement interest over a parcel of land and certain information is required both from a survey aspect, but also under the Forestry Act 1959, Land Act 1994 & Land Title Act 1994[2]. A different type of survey plan may be required for these interests, along with other interests.

[1] RTDPP 21.1

[2] Land Title Practice Manual Part 36

In simple terms, a Secondary Interest Survey allows for an entity who doesn’t hold title over a particular property or parcel to hold interest in that property for a particular function or purpose.

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