Gemini Holdings - Rural boundary adjustments involving easements

Client

Gemini Holdings - Rural boundary adjustments involving easements

Type

Rural boundary adjustment

Scope of Work

Consents, Land Transfer Survey, Easements

Completion

2011-01-11

Locality

Drury

This project involved obtaining RMA consent for and managing to completion a rural boundary adjustment in Drury, South Auckland. Birch Surveyors are frequently called upon to provide advice on the issues and processes associated with the adjustment of boundaries of rural titles. A rural land owner frequently find that because of a change in circumstances they wish to buy or sell some land from the neighbour.

A boundary adjustment requires the consent of the Local Council, but because no new additional titles are created, consent is invariably obtained. However these subdivisions frequently involve changes to existing easements such as Right of Ways and power and water easements.

We recommend that:

  1. A sale and purchase agreement is drawn up between the neighbours, reviewed by a solicitor and signed before any significant work is undertaken on the subdivision.

  2. We prepare a site plan indicating the area of land to be transferred and this be attached to the agreement

  3. The agreement includes how the costs of the subdivision are to be met.

  4. We investigate carefully any existing easements, and modify these if required. It is a good time to get rid of any redundanat easements which are no longer required.

The subdivision was successfully completed in January 2011 and resulted in both neighbours having rural lots more suitable for the required purposes. All easements were updated as part of the subdivision process