Auckland Transport (AT), as the organisation responsible for the road corridor, is involved in the process to remove ‘limitations as to parcel’ as an affected adjoining land owner.
‘Limitation as to parcel’ is a legal concept relating to the accuracy of land surveys. Over the years, legal systems have been created to determine who owns what land (titles). The land parcels in these titles were surveyed, but not always to the same standard and the ones that didn’t meet the standard were issued as ‘titles limited as to parcels’. The titles are still recognised by the Crown but that recognition doesn’t extend to the actual land area or the accuracy of boundaries.
Many people have owned titles limited as to parcels for many years without issue. However, there are some situations where a new survey to remove the limitations would be a good idea (or necessary), eg:
- You plan to subdivide or build units on a property, which you’ll then be getting cross-lease titles or unit titles for - you’ll be required to remove the limitation as to parcel from the title.
- You plan to build a substantial structure near a limited boundary - it is advisable to have the land survey updated to ensure the building isn’t too close (or over) the boundary.
How to remove limitations as to parcel
First of all, a surveyor will need to come and re-survey the land. They’ll look at the plans that are available and where the current boundary between titles is being observed, such as old fence lines and posts. Generally, any variation in the title boundaries and land area is minimal but there certainly can be changes, particularly if the blocks of land are large.
Before a new unlimited title is issued, the survey office generally requires the adjoining owners to consent or object to the new boundaries identified by the re-survey.
As an adjoining land owner (by right of the boundary being on to the road), there are 2 situations where AT is involved:
- Land Information New Zealand (LINZ) will forward a letter to AT giving notice that the property has been resurveyed and, as an affected adjoining landowner, providing the means for AT to object if the new boundary encroaches on the road.
- The land owner's surveyors come to AT to request approval as an affected adjoining landowner before they lodge the new survey plan with LINZ. This process requires an application for removal of limitations as to parcel to be submitted to AT.
Applying for removal of limitations as to parcel
To apply for removal of a limitation as to parcel, you will need:
- Completed application form (PDF 70KB)
- Non-refundable deposit of $200 (inc. GST) - contact us to discuss payment options.
- Copy of Deposited Plan showing the redefined boundary and/or an aerial view of the property showing the area concerned.
Send your completed application to:
Auckland Transport (Attn: Property Department),
Private Bag 92250,
Applicants are also expected to meet all AT's costs, including survey and legal costs.