for Subdivisions & Property Development

The boundaries of my property follow the bank of a river which has changed significantly. As a result, I have gained more land. Is the extra land legally ours?

Properties that abut onto the banks of rivers, have what is known as a natural boundary. Natural boundaries can change over the years, either gradually or suddenly (ie. storm action). Depending on where your legal boundary now lies, you may either have an “accretion” or an “erosion” situation. This is a complex issue. It is advisable that you visit Survey Gisborne Limited and talk to a licensed cadastral surveyor will be able to discuss the options and provide advice.

Do I need to have my boundary surveyed by a Licensed Cadastral Surveyor?

This can be answered on a case by case basis. Contact us to confirm whether you will need a Licensed Cadastral Surveyor for whatever project you are undertaking.

I want to put up a fence between my neighbour’s property and my property, but am not sure exactly where the location of my boundary is?

We can assist by visiting your property to locate any existing boundary pegs and confirm that they are still in their correct position. If no old boundary pegs can be located, or if they have been tampered with, the existing boundary positions can be re-established with new survey pegs.
We can fix existing topographic features (ie. corner of dwelling) in the close vicinity of the boundary and provide a sketch plan showing the relationship of these topographic features to the true legal boundary.
It is important to know exactly where your legal boundary is in order not to encroach onto your neighbour’s property and to avoid any potential disputes in the future.

How much would it cost to have my boundary redefined?

The professional survey costs related to redefining your boundary can vary from survey to survey. Most often the cost can be shared in agreement with your neighbour (if they are a willing party).

I have land that I want to subdivide. What is involved and what would it cost?

The process of subdividing land involves various stages. Firstly it will be necessary to apply for and obtain resource consent (subdivision). The final stage will involve the surveying component with the placement of boundary pegs and the preparation of a digital dataset. This digital dataset is then lodged with Land Information NZ for processing and “approval as to survey”.

How do you know if a survey mark is in its correct position and whether it has been disturbed or not?

Using conventional survey methods, a surveyor will need to locate further old survey marks nearby to prove the reliability of that survey mark. It is surprising the number of legal survey pegs that have been proved to be out of position. In some cases legal survey pegs have moved due to natural causes, but a high percentage is due to contractors and landowners tampering with them.

I want to build a house and my architect needs ground levels over our property.

Our professional team of surveyors can undertake a topographical survey of your property and provide to your architect digital data and topographic plans showing the required ground levels. We also can establish a bench mark within your property, bench marks are required to assist your builder to establish an accurate and precise floor level (or building platform).
In addition, our professional team of surveyors can set out accurately positioned profile lines on site for any new building that has been designed

How does a land covenant work?

The document creating a land covenant details the restrictions, and also describes the affected land. The land covenant document, usually prepared by a lawyer or other suitably qualified professional, is registered against the title to both the land benefiting from the land covenant (the dominant land), and also the land that bears the burden of the land covenant (the servient land).
Restriction on the use of land is achieved by registering land covenants against the title to the affected land.
Once the land covenant is registered, any purchasers buying land can search a copy of that document and review the covenants affecting that property.

Are there other methods to establish a land covenant/reserve?

Other agencies such as the Council, Department of Conservation and the Heritage Trust can also assist you with advice on establishing land covenants and/or reserves.
Again our professional team of surveyors can assist in preparing a survey plan that will be used for any proposals and registration requirements.

I am developing my property and need to provide services (ie. electricity cables, water, telephone etc) through an adjoining property. How do I go about it?

Firstly you need to obtain agreement, preferably in writing with the landowner of the affected property, in cooperation with your solicitor. Once this has been obtained you can instruct our professional licensed cadastral surveyor to prepare a survey plan of the required easement which can be used by the solicitor to register and record that easement on the appropriate Computer Freehold Registers.

I have used the neighbour's gate to get to the back paddock for years and now my new neighbours have locked it and are refusing entry. What options, or rights, do I have to gain legal access?

Firstly check to see if there is already a legal “right of way” easement for access through the neighbour’s property.
A legal “right of way” easement will be registered and shown on the affected Computer Freehold Register (previously known as a Certificate of Title).
In some cases these “right of way” easement are shown on survey plans.
If no legal “right of way” easement is registered and you wish to obtain one, negotiations and discussions will be required with your neighbours.
Contact our staff at Survey Gisborne Limited, or your solicitor, to confirm if a legal “right of way” easement has been surveyed and registered. Your solicitor will be able to provide legal advice in this area. Should a new “right of way” easement be required, our professional team of surveyors can prepare an easement survey plan accordingly. For this type of easement approval and consent will be required from the local authority.