My title is limited as to parcels

Although ownership to titles is guaranteed by the Crown, some older titles have a limitation placed on them regarding the actual area of the title or the dimensions of the boundaries.

In these circumstances, the Crown does not guarantee the area of the title. The reason for the limitation is historic but reflects the fact that the title has not been sufficiently surveyed to guarantee the area or dimensions. If you are purchasing such a title, your solicitor should advise you of this limitation and the implications.

While such a limitation does not affect your day to day use of a property, there are circumstances when it is may be necessary to have the title resurveyed and the limitation removed.

For example:

  • A purchaser makes the resurvey a condition of a sale and purchase agreement.
  • You are developing the site and the area or the location of the boundaries affect what you can do on the property or the location of buildings.
  • You wish to renew the fences on the property, and the boundaries have never been pegged.