Articles

Is your certificate of title “limited as to parcels”?

by | Oct 3, 2018 | General property Law, Sale and Purchase

If the certificate of title for your property is “limited as to parcels” it means that the area and boundaries of your land are not correctly defined or guaranteed.

There are two possible reasons for this. The surveyor’s plan may have had insufficient information when the property was originally developed. Alternatively, there may have been someone else in adverse possession of part of your property.

How do I know if this notation is on my title?

Most titles with this notation are seen on older villa style properties. Those built and developed in the early to mid-1900s, mainly in the Ponsonby, Freemans Bay, Herne Bay and Devonport areas of Auckland in particular.  If you would like to find out, give us a call.

Should I have it removed?

Removing the “limited as to parcels” notation from your title has the following benefits:

  • ensure you own the right size land;
  • avoid having to provide Auckland Council with a surveyor’s certificate when applying for a Building Consent.
  • understand the development potential of your land;
  • ensure your building does not encroach over the boundary.

What are the next steps?

To remove the “limited as to parcels” notation from your certificate of title, your surveyor will first need to survey your land. Then you will need to obtain the consent for the new boundaries from all adjoining property owners. If an adjoining property owner is not willing to consent, they have 21 working days to object to your request. They can only object on limited grounds.

 

Would you like to remove a “limited as to parcels” notation from your title? Call us on (09) 375 2770 or email me, zak@alexanderdorrington.co.nz.

By Zak Nasir