Landgate is changing the process of how sketches that support documents are approved.
The following documents that create interests over part of the land in a title are exceptions to the requirement for an Interest Only Deposited Plan to be lodged to spatially define the interest:
· Caveats
· Freehold Leases
· Management body leases and non-LAA leases over Crown land
· Simple bore easements between neighbours.
It is acceptable for sketches to be included within these documents, provided that they adhere to the guidelines as set out in Item 7.2 of DOC-01 Document Preparation in the Land Titles Registration Policy and Procedure Guides.
Process Change
The current requirement is that sketches can be approved by Landgate either before the document is lodged, or during the examination of the document.
Landgate will discontinue the approval of sketches before the lodgement of the document for registration effective from 8 October 2023. This means that the sketch can only be lodged with the document.
Landgate will continue to provide guidance as to the acceptability of the sketch in line with the information outlined by the guidelines via a checklist. This checklist will accompany future requisition notices and will indicate the information that the sketch still requires.
This new process will continue for six months effective from 8 October 2023.
Landgate will consider taking steps to reject these documents immediately under the powers of the Transfer of Land Act 1893, if there is no significant improvement in the standard of informal sketches within this timeframe.
Current Issues
The history of practice shows us that the standard of these sketches varies significantly, depending on the lodging party. Sketches produced by licensed land surveyors (formal sketches) are generally of a high standard, rarely requiring any follow up action. This is in comparison to sketches not produced by surveyors (informal sketches) which are often:
· Not sufficiently dimensioned
· Not clear
· Not initialled by all relevant parties
· Copied numerous times degrading the quality and legibility
· Lack the information required by the guidelines.
These issues referred to above require Landgate to contact the relevant party to seek more information, which can become very time-consuming and creates issues for lodging parties, where these sketches are not approved in a timely manner.
For more information, please refer to DOC-01 Document Preparation in the Land Titles Registration Policy and Procedure Guides, or email dealings@landgate.wa.gov.au
