Frequently asked questions
- We will work with you to design the subdivision that best suits your needs, and advise you on Council and legal requirements.
- Next we prepare an application for Resource Consent for the subdivision for Council.
- Once the subdivision is approved by Council we assist you in meeting the conditions of the consent.
- At the same time we prepare the survey plan for Council approval, which includes placement of the new boundary pegs in the field.
- The final step in conjunction with your lawyer is to lodge the survey plan and legal dealings with LINZ for issue of new titles.
The whole process can take from 6-9 months depending on the complexity of the subdivision.
This will follow the same process as for a subdivision above except that it alters boundaries between existing titles, as opposed to creating an additional titles.
Cross-lease titles are based on undivided ownership of the underlying land and then reciprocal leases (cross-leases) between the parties are overlaid for the area that the buildings occupy. Exclusive use covenant areas are also utilised to define those areas that can be used by one or other party or jointly (common areas). When additions and alterations are made, a new survey should be carried out and so the cross-lease can be updated. Failure to update will result in a defective title and this could cause disputes and will certainly cause issues when selling.
Updating a cross-lease is considered a subdivision under the Resource Management Act 1991 and it is often a good opportunity to upgrade from cross-lease to freehold titles at the time of subdivision.
We will prepare an Easement plan for your particular purpose while your lawyer creates easement documents, both of which will be lodged with LINZ.
For most properties this is a viable option as long as your cross lease neighbour is in agreement. This means that in the long term you would not need your cross lease neighbours’ permission for any additions or alterations and it will add value to your property. Cost sharing with the neighbour is an option as they will benefit as well.
A site survey (topographical survey) will put the right information on the table so that your architect or designer can concentrate on his or her job, designing the best house layout for you in relation to the sun angle, views and topography.
When it comes to construction you can relax knowing that your new building will be in the best position possible while also complying with the local Council rules. Often your architect will require contours which can best be supplied by accurate survey. The plan we produce can be available in both electronic and paper forms.
The only way to ensure your pegs are reliable is to have them checked by a Licensed Cadastral Surveyor, as it is common for pegs to have been moved or incorrectly identified. This can prevent disputes later on with your neighbours or future neighbours.
www.linz.govt.nz