PRM SEM 01 - 01. Land Information and Law

Question 1

What are the four types of land ownership?

Answer 1

Types of land ownership (title): freehold, leasehold, subdivision, cross-lease.

Question 2

What is the most common type of land in NZ (apart from Maori and Crown Land)

Answer 2

Most commonly freehold (owned outright) but may be leasehold (leased for a term that
can be up to 999 years, eg some church owned land in Auckland’s eastern suburbs).

Question 3

What is a Title?

Answer 3

Title is the word used for ownership: you have title.

Question 4

How is land divided in subdivision?

Answer 4

In a subdivision, each parcel of land (title) is separately owned with clear boundaries.

Question 5

How is land divided in a cross-lease?

Answer 5

In a cross-lease, two parties, typically a house at the front and one at the back, share the
whole title but have rights and a lease over their particular part of the land, often labelled
“Flat A” and “Flat B”. Common land, “C” is also possible such as a shared driveway.

Unit titles and strata titles are similar for blocks of flats and apartments. (explore what strata titles means)

Question 6

TA’s Cross-Lease or Subdivision rules

Answer 6

Some Territorial Authorities (TAs / Councils) apply planning rules differently depending
on whether your site is a cross-lease or subdivision eg you may find the site coverage is
not apportioned evenly and the front house has used it all up. Or that a height-toboundary
control may apply to the internal boundary

Question 7

What is a reservation contribution?

Answer 7

A reserve contribution is generally land set aside during subdivision as a public reserve
or park. In town this can now be required for cross-leasing and may be a substantial sum
of money (eg $30,000) instead of land.

Question 8

What is Riparian Rights?

Answer 8

Riparian rights mean land abuts a river, lake or sea and your boundary may be the
middle of the river or the high tide line (MHWMS Mean High Water Mark Springs).

Question 9

What is the Queens Chain?

Answer 9

The Queens Chain is a strip of public land in front of the sea, lake or river. A chain is an
old form of land measurement, literally a chain 20m long. Most suburban roads are a
chain, 20m, wide.

TAs are keen to replace riparian rights with the Queens Chain, and will usually take a
strip of land if you cross-lease or subdivide waterfront land. There is generally also a
20m waterfront yard planning rule to stop building closer to water

Question 10

What is Limited as to Parcels?

Answer 10

Limited as to Parcels may be noted at the top of a CT and means the plot of land has
never been adequately surveyed, often the case in old suburbs such as Ponsonby and
Parnell, therefore the exact boundaries and area are approximate.

If your design is close to the boundary or maximum height (eg 1m) or close to maximum
site coverage (eg within 5%) the TA may require you to survey the site and re-register
the title, a time consuming process (3 months, $several thousand). Consult a land
surveyor for advice.

Question 11

What is Metes and bounds?

Answer 11

Metes and bounds is a way some rural properties have their boundaries described using
geographical features (eg along the ridge to the river, then 25 chains north-east).

Question 12

How to establish land boundaries?

Answer 12

To establish where boundaries are, consult a land surveyor.

Question 13

Hedges

Answer 13

To establish where boundaries are, consult a land surveyor.

Question 14

Staking and Pegging

Answer 14

“Staking” a boundary is often cheaper then “pegging” it because it is less precise, but often
good enough for design purposes. Surveyors can also locate contours and objects.
A cadastral map shows boundaries and a topographical map shows contours, trees,
objects, buildings etc.

Explore Staking and Pegging definitions

Question 15

Council GIS

Answer 15

Beware of contours on Council GIS plans, they are often old and inaccurate!

Question 16

Geotechnical Engineers

Answer 16

A Geo-technical Engineer can tell you about the actual nature or quality of land eg, clay,
rock, fill etc and what foundations you need for construction.

Question 17

What is a CT?

Answer 17

The Certificate of Title (CT) tells you the area and dimensions of the site, who has title
(ownership), whether a bank may have a mortgage over the land, and any other leases,
easements, caveats, rights of way or other interests or encumbrances registered against
the land.
CTs are public information, you can get a CT from Land Information NZ (LINZ) but its
easier to get one from a legal agent ( eg Landinfonet ) or real estate agent. This can be
done very cheaply ($20), quickly and digitally.
Site plans on CTs can be illegible. The dimensions can be in links or chains.
A link is 1/100th of a chain, 8 inches (200mm). Multiply links by .2012 to get metres.

Question 18

DP

Answer 18

Neither DP or CT generally shows buildings, except a cross-lease title will show the outline of the
original flat, generally the front house on a suburban site. But it may have since been altered…

Question 19

Mortgage on a Title

Answer 19

A mortgage on a title is very common and means a bank has an interest in the land (and
buildings) as security for a money loan. They get the land and sell it to recoup their loan
if the owner defaults on the mortgage, a mortgagee sale.

Question 20

Covenants and Easements

Answer 20

“Covenants and easements are restrictions and obligations on the use of the section.
They are usually put on the title by a developer when the land is subdivided. But anyone
- for example, a person selling off a back section subdivided or cross-leased from their
own property – can impose covenants and easements to give themselves some control
over the way the new section is used.” (source: Consumerbuild)

Question 21

Easements

Answer 21

Easements often protect a private right of way for access, pipes or drains (private
drainage). Usually you can’t build over them. Many suburban back sections have right of
way (ROW) driveways. Often maintenance can be shared or be a burden on one party.

Question 22

Covenants

Answer 22

Covenants generally restrict building materials, heights, tree planting, new fences etc or
may protect existing bush. The Omaha South development does not allow fences or
large trees and limits materials and colours. Designs have to be approved by a local
committee.

Question 23

Caveat

Answer 23

A caveat registered against a CT restricts certain actions taking place with the title (eg
sale or a new mortgage). These can happen under eg the Matrimonial Property Act but
can also be registered by TAs / Councils or banks.

Question 24

Rates

Answer 24

Rates are a tax levied by the TA / Council on land and landowners to provide for Council
services such as roads, rubbish collection, libraries, building inspectors wages etc.
Unpaid rates can eventually result in the TA taking the land and selling it!

Question 25

TA (Council) owned drains

Answer 25

TA (Council) owned drains (public drainage) frequently run cross land and do not have an easement and are not shown on CTs. The architect needs to research this in TA / Council records. Generally you can build over them after checking their condition and with special foundation details.

Question 26

Private Drains

Answer 26

Private drains frequently need to cross neighbour’s land to connect with public drainage. The TA / Council requires applicants to fill out a form under the Local Government Act. If neighbours refuse permission the Council can compel this to happen but it takes longer. Generally you can not build over yours or your neighbour’s private drains.

Question 27

Land Information - GIS

Answer 27

Most TAs / Councils now operate Geographic Information Systems (GIS). These can show contours, hazards (fill, contamination, flooding etc) that the TA is aware of, wind zones, public drainage, zoning etc (discussed in other lectures). You can obtain this and other information by looking at Council property files or obtaining a LIM or PIM. But this information, especially in LIMs and PIMs may not be complete or accurate.

Question 28

Property Files

Answer 28

Property Files are located on computers at Council offices you can browse them or buy a CD ($60) with all the information on. These may have plans of buildings, private drainage plans, records of Consents issued, Code Compliance Certificates, correspondence etc.

Question 29

Land Information Memorandum (LIM)

Answer 29

Summary of contain docs included in a property file plus rates info. Commonly obtained by people thinking of buying a property. Or from the Real Estate / Land Agent selling the property. (I thought this was the other way around??)) show zoning but not all planning rules. See a Council planner: it’s free.

Question 30

PIM (Project Information Memorandum)

Answer 30

A PIM (Project Information Memorandum) has the same information as a LIM but you nominate the project you are thinking of (eg new house) on the form and are supposed to get more relevant information back. show zoning but not all planning rules. See a Council planner: it’s free. PIM is a compulsory part of a Building Consent A PIM is voluntary. It is not necessary to have one when applying for a building consent. - Latest Info from: https://www.aucklandcouncil.govt.nz/building-and-consents/ask-for-guidance/Pages/project-information-memorandum.aspx

Question 31

geo-technical engineer

Answer 31

A geo-technical engineer can advise on earth conditions and stability

Question 32

building surveyor

Answer 32

a building surveyor can advise on the condition of existing buildings.

Question 33

Land Value

Answer 33

This is not really a concern for architects however clients may have concerns about overcapitalisation, when a building cost or value exceeds what the market may pay for it. Real estate / land agents, valuers, lawyers etc can advise on this

Question 34

Capital Valuation and Government Valuation

Answer 34

A CV and GV are Capital Valuation and Government Valuation of the property, primarily to determine rates.

Question 35

Registered Valuation

Answer 35

A Registered Valuation is a valuation by a Registered Valuer using comparative sales and characteristics of the property such as size, age, condition, location, state of the market etc.

Question 36

Improvements

Answer 36

Buildings on land are often listed or described as improvements.

Question 37

Fencing Act 1978

Answer 37

Believing the old saying good fences make good neighbours to be true, this Act sets out rules and procedures for neighbours to erect a fence. Key points are: The fence must be on the boundary (but see later note). If the neighbour doesn’t want a fence they can be compelled through serving of a notice. An acceptable fence between houses is 1.8m high of closely butted vertical boards. This is not stated in the Act but has been tested in Court. Costs are shared equally although a party can volunteer to pay more (eg getting the good side of the cladding). The Act can compel a neighbour to pay through serving of a notice. One party can enter the others property to build or maintain the fence in an emergency or through serving of a notice. A Building Consent is not required for a fence under 2m although a Resource Consent might be. Building and Resource Consents might be required for earthworks if the fence is more complex than the normal suburban kind (blockwork, retaining, involving excavation to create level ground). The Act allows the fence to be off the boundary with the host landowners consent, however the TA may classify that as a building and require Building and or Resource Consent.

Question 38

Swimming Pools

Answer 38

On 1 January 2017 the Building (Pools) Amendment Act repealed the Fencing of Swimming Pools Act and inserted new provisions into the Building Act 2004. The Amendment Act created Building Code clause F9. Read this A pool is “an excavation, structure or product” 400mm deep including puddles, artificial fish ponds, spa pools and inflatable paddling pools. But not rivers, lakes, ponds, dams and the ocean. The fence must be 1.2m high and unclimbable eg solid, mesh, verticals, glass. Boundary fences and hedges can comply, however these must be inspected by the TA. Security is the responsibility of the pool owner eg even if their neighbour leaves a ladder, stack of wood, tree etc on their side of the boundary fence that can be climbed! Even if you empty the pool and rain fills it up again! The gate must be self closing with a latch out of reach of 6 year olds. A locked spa pool cover is generally not adequate. The fence must only enclose the immediate pool area, not the wider property. This “immediate area” is very open to interpretation. A house wall can comply and in certain cases house doors can form part of the pool enclosure if self locking but this is a tricky area open to interpretation by the TA / Council. A pool owner has a legal duty not only to comply but to inform the Council of the presence of a pool. Councils take their obligations under this Act very seriously.