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May 2024 - This month we're touching on a bit of history on property titles, a recent fundraising event, and some information on undertaking a Removal of Limitations Survey.


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Property title surveying

 

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The Mahurangi Coast Guard Golf Event


We had a great day out as one of the sponsors for the Mahurangi Coast Guard Golf Event at Omaha Beach Golf Course, organising to raise funds for a new rescue boat.

 

It was a fantastic day with a great turnout, and we're proud to have contributed to a great cause.



Thank you to everyone who joined us and helped make the day a success!


 

'Limited as to Parcels' on Property Titles


What does it mean?

Titles labeled as 'Limited as to Parcels' refer to properties where the precise area and dimensions specified in the title cannot be guaranteed. This is indicated at the top of the title document.


Limited as to Parcels on property titles






The History:

The majority of limited titles were issued as part of the compulsory registration process

under the Land Transfer (Compulsory Registration of Titles) Act 1924, conducted from the mid 1920s through to the 1950’s.

 

A title was issued “limited as to parcels” when the District Land Registrar had reservations that the parcels of land described in the title had been sufficiently defined or surveyed, and where there was uncertainty as to whether part of the owner’s entitlement had been extinguished by adverse possession.

 

This limitation does not necessarily imply inaccuracies in the dimensions and area specified on the title. Instead, it indicates that the state will not fully guarantee the title until the location, dimensions, and area of the described land are confirmed by survey, and any adverse possession issues are addressed.

 

The Registrar-General of Land cannot remove a limitation from a title until the land has been surveyed and confirmation provided that no part of the land is occupied by another person in a manner that would extinguish the registered owner’s title.

 

Many additional “limited as to parcels” properties are often remnants of older subdivisions where a comprehensive survey was never conducted. Consequently, the actual size of these parcels may differ significantly from what is stated.


Old survey plan

In the event of subdivision, a surveyor must not only assess the entire property but also

neighbouring titles to establish accurate boundaries. Among other features and structures, Surveyors use fences, buildings, and driveways to ascertain proposed boundary lines.


 

Undertaking a Removal of Limitations Survey:


What is it?

The first step in the process is to define the boundaries of the land described in the limited title in the same way as it would be defined if the title was fully guaranteed. This means that the surveyor needs to gather all relevant evidence, apply the hierarchy of evidence (physical marks in the ground vs historic plan calculations) as normal, and determine the extent of the land described in the title.

Old documentary evidence

However, for many limited titles the boundaries may not have been surveyed, or there may be a lack of survey information for the parcel under survey. In some cases where there are prior surveys, there may be no means to find or. connect onto the original old survey marks.


Why Should You Consider a Removal of Limitations Survey?


A combination of evidence sources such as documentary title and deeds information,

surrounding survey work, and field evidence – including the location and age of occupation in the vicinity and calculations, may need to be used to determine the boundaries.

 

All existing boundary points on a parcel having its limitations uplifted must be marked if

practicable. In situations where a reliable boundary mark is already in place the surveyor must measure, record and depict the position of the existing mark in their Survey. If a surveyor considers the requirement to mark a boundary point is impractical or unreasonable, dispensation must be sought from marking it.

 

Once the Survey has been approved by Land Information New Zealand (LINZ), the adjoining properties will be notified and given the opportunity to object. A neighbour cannot unreasonably withhold approval and their own survey evidence but be given if they wish to do so.

 

When the notice period is completed and there are no objections, new Records of Title will be issued by LINZ with guaranteed dimensions and areas.


Survey site

 

How Can Buckton Surveyors and Planners Help You?


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We are committed to our clients and their projects. We will instantly engage with the vision you have for your land. We turn potential into reality!





 


 

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