Application Surveys

Section 60 allows individuals to claim land from the current owner through an application to Land Use Victoria. That means, ownership over land and title can be obtained or lost via this process. It is important to know that adverse possession claims cannot be made against land owned by the Crown, a council, or any public authority.

In Victoria, land can be claimed by the mere act of possession over a period of either 15 or 30 years. For more information on how Adverse Possession works in Victoria, read our helpful guide.

Section 99(1) of the Transfer of Land Act 1958 provides that a registered proprietors may apply for amendment of a folio of the Register where the boundaries, area, or position of land described differ from those actually and bona fide occupied by the registered proprietors.

An application made under this section is in respect of all boundaries of the folio and boundary adoptions must accord with mature occupation surrounding the parcel except along road alignments.

A Section 103 Application is a way to correct errors on a property title in Victoria. These errors usually relate to discrepancies in title boundaries and title connection.

A Section 103 Application can be used to fix mistakes such as incorrect measurements on the title, typos or misspellings, and discrepancies in title boundaries. 

The registered proprietor of the land in a provisional folio on which there is recorded a warning in the form of Part IV of the Fifth Schedule may apply to the Registrar to have the warning deleted from the folio.

Section 15 of the Transfer of Land Act 1958 is used to convert general law land to land under the Transfer of Land Act. 

General law land is land that was sold by the Crown before the Torrens system was introduced in 1862. The title system for general law land is based on a chain of deeds to prove ownership. The Transfer of Land Act 1958 provides a better way to transact in land and protects a person’s interest in it.

Section 35 sets out the parameters for the acquisition of land by an acquiring authority. This Application Survey is usually reserved for local & service authorities such as council, water and sewerage etc.

A boundary plan can be submitted on a subdivision development site to “lock-in” or resolve any title boundaries issues so the development can continue without any title concerns.