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.
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.
AT 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
- AT 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 AT to request certification of the LT Plan.
- In most cases AT is able to confirm that no part of the boundary or boundary points adjoining the legal road corridor are included in the area of survey. AT will then certify the LT Plan and post this to the registered owner or representative.
- If an issue is identified with the property boundary or boundary point impacting the legal road, AT will engage with the registered owner or representative. AT may lodge a caveat to prohibit any further dealings until the boundary issue is resolved. 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
- 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 AT to certify the LT Plan.
The processing time is approximately 20 working days from receipt of the application.
AT investigates each application to determine if there is an area of road within the re-surveyed boundaries.
Required files with your application
- Record of Title of affected property (search copy dated within past 30 days)
- LT Plan - including survey sheets and occupation diagrams
AT does not supply these documents. To obtain these documents contact your solicitor, conveyancer or surveyor.
AT requires the application fee of $402.50 (including GST) to be paid with an application.
From 1st May 2021 the limitations as to parcel application fee is $402.50 (including GST).
Payment can be made by internet banking - details are on the application form.
Submit application to Auckland Transport
Email your application to firstname.lastname@example.org
- Required format is PDF.
- Attach separate PDF files of the completed application form, Record of Title, and LT Plan.