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Removal of limitations as to parcel Removal of limitations as to parcel

Reason property title has limited as to parcels notation

The limited as to parcels (LATP) notation is shown on a property Record of Title.

The notation ‘limited as to parcels’ relates to the land survey done at the time the land parcel was created. It indicates that when the title was first issued there was insufficient survey information or there may have been someone in adverse possession of part of the title.

Why removal of limited as to parcels may be required

Situations where a new survey to remove the limitation may be required:

  • Plans to subdivide or build on a property.
  • Plans to build near a boundary.

Where a property has a limited as to parcels notation on the Record of Title, the registered owner can arrange to have a surveyor prepare a land transfer plan (LT Plan) to determine boundary accuracy.

Generally, any variation in the title boundaries and land area is minimal but there can be instances where the change is more significant, particularly if the blocks of land are large. Before a new title is issued, Land Information New Zealand (LINZ) requires the adjoining owners to consent to the new boundaries identified by the re-survey.

Auckland Council is an adjoining landowner when the boundary is adjacent to the legal road corridor.

Eligibility to apply

Only the registered owner can apply for the removal of the limitation status.

The registered owner can appoint a representative to apply on their behalf. This requires written authority from the registered owner to act.

Removing LATP is a three-part process

Part 1: Prepare LT Plan

  • Auckland Council is not involved in Part 1.
  • The registered owner must arrange for the preparation of the LT Plan.

Cost of Part 1

  • The registered owner will need to pay for a surveyor to prepare the LT Plan.

Part 2: Apply to AT to Certify LT Plan

  • The registered owner or representative applies to Auckland Council to request certification of the LT Plan.
  • Auckland Council will contact AT for AT to confirm that no part of the boundary or boundary points adjoining the legal road corridor are included in the area of survey. Auckland Council will then certify the LT Plan and email the plan to the registered owner or representative.
  • If an issue is identified with the property boundary or boundary point impacting the legal road, Auckland Council or AT will engage with the registered owner or representative. Auckland Council or AT may lodge a caveat to prohibit any further dealings until the boundary issue is resolved. Auckland Council or AT may require the impacted portion to be vested back as road to Auckland Council as underlying landowner for nil cost.

Cost of Part 2

  • A non-refundable deposit is required at the time of submitting the request to certify the LT Plan. This is non-refundable regardless of the outcome.

Part 3: Lodge LT Plan with LINZ

  • Auckland Council and AT is not involved in Part 3.
  • The registered owner or representative lodges the certified LT Plan with LINZ.

Cost of Part 3

  • There are fees associated with having the limitations removed from the Record of Title. These fees are not covered by AT.

Apply to certify LT Plan

The registered owner or representative can apply to Auckland Council, through the landowner approval process, to certify the LT Plan.

Find information on how to make an application on the Auckland Council website.