Plan of Delimitation
A Plan of Delimitation is generally required to remove a limitation from a Title to land or converting Old System Title to Torrens Title. Limited Title or Old System Title may be subject to a possessory title claim, which mans that a person can gain ownership of land by possession (or occupation). For example it may be possible for someone to claim ownership of land if the fence is not on the boundary, That person may be able to claim ownership of the part of the land to the location of the fence, if the land is Limited Title or Old System Title.
By removing the limitation from the Title or converting Old System Title to Torrens Title, the location of the boundaries are guaranteed and can no longer be claimed by another person through possessory title.
When developing land affected by a Limited Title or Old System land, it is advised to have the Plan of Delimitation registered early, as it may affect the type of development that is permitted on the land.
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