Guaranteed Search Title - does it mean that a
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| 1 | boundary survey was done/submitted to LINZ? Thank you Sksk - 2021-03-27 14:01:00 |
| 2 | Sksk wrote: No, this just means that this is the most current version of the title, normally used to guarantee the current owners. Nothing to do with the boundary. Now, what's the real question.....? sparkychap - 2021-03-27 14:40:00 |
| 3 | Just to revisit this, if you want to know what the boundary is according to LINZ order the Survey Plan. It will also show when the survey was done and by whom. sparkychap - 2021-03-27 16:39:00 |
| 4 | It has period of indefeasibility of 5 days . gabbysnana - 2021-03-27 17:11:00 |
| 5 | sparkychap wrote: Ah okay, thank you, will do :) Sksk - 2021-03-28 08:31:00 |
| 6 | sparkychap wrote: Sksk - 2021-03-28 08:42:00 |
| 7 | Get a free login account to linz.govt.nz and look at the land parcels and survey data. A recent high resolution image overlay will be pretty accurate. Their images are adjusted to line up correctly. In the south island there is Canterbury Maps which links to a lot of govt and local authority data. If such a think exists for your region it may help. tony9 - 2021-03-28 09:52:00 |
| 8 | Hmm OK, interesting. Generally its up to the other person to prove this, and they should do so with a property surveyors report were they have come in and measured the boundary using GPS and reference points. This should all be properly documented. An aerial image from a website showing the boundaries is not reliable / accurate enough in general. It might be an indication, but its not definitive proof. Once you've seen a survey, you might want to confirm by getting your own survey. But don't be surprised if it just backs up the other one. Then you need to see your lawyer to decide how to play this. The other owner can apply to the court for enforcement, but that's potentially a costly and lengthy exercise. If they want their development to proceed then they might be willing to contribute for the changes needed. Another thing to consider is that if this went to court, a judge might consider their lack of due diligence as a mitigating factor - ie as an informed developer, they should have spotted this before especially if they are now claiming it will prohibit their plans. Good luck and keep us informed. sparkychap - 2021-03-28 09:59:00 |
| 9 | What sparkychap suggests - how many sales have the properties been through since 1960s and nobody has noticed this before? amasser - 2021-03-28 10:35:00 |
| 10 | amasser wrote: Whilst that's true, we've only recently had the benefit of aerial imaginary and digital parcel overlays which are beginning to highlight these issues. It's not a complete get out of jail to say no one noticed, and even if he knew, that doesn't prevent him from claiming relief in court. But, there are also riders about only granting relief if "fair and equitable" and also taking into account the "conduct of the parties". So courts do have some leniency. Also it is possible for the court to grant in favor of the encroaching party, by creating easements allowing them to remain. Edited by sparkychap at 10:52 am, Sun 28 Mar sparkychap - 2021-03-28 10:46:00 |
| 11 | This is the place to start if you want to understand the legal process should this go to court: https://legislation.govt.nz/act/public/2007/0091/latest/DLM9 sparkychap - 2021-03-28 10:47:00 |
| 12 | sparkychap wrote: Cool thank you for that info and will check that out and yep, have a solicitor who we have appraised of the current situation... will keep you posted Sksk - 2021-03-28 11:41:00 |
| 13 | tony9 wrote: Is that the one where you have to create a 'Koordinates ID'? Is so, I have that but not sure sure how to navigate this website :D Sksk - 2021-03-28 11:53:00 |
| 14 | Sksk wrote: The person best suited to deal with your situation in a registered surveyor. You will need to employ one to "remove the limitations" on your title in any case. A 'Limited title' is one where the physical boundary may have never actually have been surveyed beyond being a line on a plan. These are commonplace in some regions including the original dairy farms of Taranaki that were allotted to returned servicemen following WW1. In such cases the physical boundary is redefined with the location of existing boundary fences ("occupation") have a bearing on the decided location, which is then pegged. The certificate of title on such properties are designated as "Limited as to Parcel" as opposed to a guaranteed title and this should be brought to a buyer's attention by their conveyancing solicitor as part of the purchase of the property as it can cause significant issues later, as the OP is now finding. Edited by organix at 1:11 pm, Sun 28 Mar organix - 2021-03-28 13:10:00 |
| 15 | Sksk wrote: I'd use the Auckland one https://geomapspublic.aucklandcouncil.govt.nz/viewer/index.h Just enter your address. Then click on the little icon under the address box (basemaps) and select Aerial Basemap. Let us know what you see in terms of your boundary / garage / fence? sparkychap - 2021-03-28 13:15:00 |
| 16 | sparkychap wrote: That is the Auckland Council GIS database. Edited by organix at 2:53 pm, Sun 28 Mar organix - 2021-03-28 14:53:00 |
| 17 | organix wrote: Yes I said that in Post 8. "An aerial image from a website showing the boundaries is not reliable / accurate enough in general. It might be an indication, but its not definitive proof." Edited by sparkychap at 3:32 pm, Sun 28 Mar sparkychap - 2021-03-28 15:31:00 |
| 18 | organix wrote: As per my post #6, our title is not 'limited as to parcel'. Edited by Sksk at 4:16 pm, Sun 28 Mar Sksk - 2021-03-28 16:15:00 |
| 19 | sparkychap wrote: and therefore sort of useless for our purposes in this case... :p Sksk - 2021-03-28 16:16:00 |
| 20 | Sksk wrote: Yes and no - from the aerials does it look like its encroaching? The neighbour may have done nothing more than look at the same thing and decided to try it on. sparkychap - 2021-03-28 16:20:00 |
| 21 | organix wrote:
Depends on the source. Most modern LINZ ones are corrected before publishing. They are not 100% accurate, but they give a pretty good idea if something is within the boundary or not. For example Auckland aerial imaging from 2017 "Imagery supplied as 7.5cm pixel resolution (0.075m GSD), 3-band (RGB) uncompressed GeoTIFF. The final spatial accuracy is ± 0.15m @ 90% confidence level." Edited by tony9 at 4:25 pm, Sun 28 Mar tony9 - 2021-03-28 16:24:00 |
| 22 | Sksk wrote: If that is the case you have what's called a Guaranteed (certificate of) Title which means the lot has been physically surveyed at some stage of its existence. Therefore if any fencing or building encroach over the boundary lines of that lot whoever built that structure failed to, or ignored, the boundary location at that time so it can most likely be classified as an illegal structure. That is exactly why a boundary redefinition should be done prior to construction anything on or near a boundary. The New Plymouth District Council is presently demanding the removal of a streetside fence for this reason: https://www.stuff.co.nz/taranaki-daily-news/news/124666131/d organix - 2021-03-28 16:28:00 |
| 23 | Sksk wrote: I would check the permit application/sign off for the garage that will be held by the Council. I know that in more recent times work outside district plan rules requires a lot of red-tape, but in former times things such as building a garage near to boundaries etc could be done quite easily by getting the neigbouring property owner to write a letter indicating that they had not objection. Anyhow if the garage was consented etc then it must of met the rules of the time and the neighbour just needs to suck it up - or come up with some way to satisfy your situation. brouser3 - 2021-03-28 16:28:00 |
| 24 | brouser3 wrote: I have the property file, garage is consented and signed off - built in the 60's when the house was built. Sksk - 2021-03-29 06:22:00 |
| 25 | I had the exact same call from someone who had bought and was putting townhouses next to my rental property. Almost word for word, "your garage is over the boundary line and you need to move it and fence". The garage has a firewall and was built back in the 50s. I just said, I don't believe it is so please prove it with your survey report. Never heard back from them again. Personally, I wouldn't do anything more at this stage other then saying the above and waiting for a copy of the supposed recent survey report. nzkiwisnz - 2021-03-29 07:49:00 |
| 26 | nzkiwisnz wrote: yea true, have asked for it - they had a surveyor around end of last week so waiting to see what they say. But I was thinking to myself... hang on, so you came to us two weeks ago demanding the garage and fence be moved immediately without getting a survey first...!? :o Ho hum... let's see what they provide us with... Sksk - 2021-03-29 08:28:00 |
| 27 | By how much does the neighbour think / state that your fence and garage are over the boundary?? are we talking mm's or metres ?? onl_148 - 2021-03-29 12:25:00 |
| 28 | onl_148 wrote: they 'think' it is 1.2metres Sksk - 2021-03-29 14:56:00 |
| 29 | Sksk wrote:
oh you are potentially looking at 4 feet "in old money".. onl_148 - 2021-03-29 15:28:00 |
