By Kerryn Penn, Planner | Jul 26, 2022
For most people, purchasing their own home will be their biggest investment. Whether it’s your first time or not, you undoubtedly want the experience to be positive with no unexpected issues. To avoid any surprises, it is important that you undertake comprehensive due diligence. This includes checking the Record of Title and associated survey plan to ensure everything is true and correct, especially the sites' boundaries as to avoid any potential boundary disputes between neighbours.
Boundary encroachments are typically overlooked by many who are looking to purchase a property, as it is commonly assumed that all boundary features (fences or hedges etc.) are in the correct place. However, mistakes can happen due to various reasons including but not limited to: - replacement of boundary features, re-development of sites, technical survey issues and change of ownership etc. These encroachments can be as small as having your shared boundary out by 20 mm due to a fence being replaced. Or it could be as extreme as your neighbour unknowingly using or having developed 50-100 m2 of your property. In the latter instance, this can have significant financial consequences, especially when you look to capitalize on your investment by subdividing.
Once a boundary encroachment is identified, whether it’s significant or not, it’s recommended that a boundary survey is undertaken by an experienced cadastral surveyor to confirm the extent of any encroachment. This will provide you with clarification of the situation, thus allowing you to decide on the next steps with confidence.
At this point, it is recommended that you engage a land expert such as a planner who will be able to provide you with a solution. It may be as simple as going to your neighbour with the encroachment evidence and asking them if they are open to moving any boundary fences to allow you to enjoy the full extent of your property. Alternatively, you may wish to sell them the portion of your property they currently occupy at current market prices (a land valuation may be required). If they agree, a formal transfer of land ownership will be required, including a sales and purchase agreement. Part of this process involves applying for a boundary adjustment by way of a subdivision to Council. A planner can act as your agent and liaise with a surveyor (who will provide the required scheme plan) write and lodge a subdivision application and liaise directly with Council staff to get you an approved consent. After or during the resolution of your boundary encroachment, you may want to explore the full potential of your property through subdivision and or development with your hired planning consultant.
Overall, it’s important to be aware of potential boundary encroachments before you purchase a property as can have significant financial implications. However, if you find a neighbour encroaching on your property, engaging a land development expert such as a planner can result in a tailored solution best fitted for you.
Articles you might be interested in
- How Tree Canopies Transform Neighbourhoods and Enhance Lives
- Balancing Common Sense and Legal Process under the RMA: Protecting Communities and the Environment
- The impact of consent notices when purchasing land
- Our History - How We All Play a Part in its Protection
- Game changers for housing under the RMA
- Minimum car parking requirements to be chopped
- New Indigenous Biodiversity Legislation Mandates Significant Natural Area Identification
- Highly Productive Soils – Big Picture Thinking vs Private Landowners Needs
- State highways, noise and reverse sensitivity: what’s the buzz?
- Managing Cultural Heritage Sites
- Who Shapes our Planning Rules?
- Change isn't coming, it's here!
- Wild Weather and Resource Consent Requirements
- Proposed Selwyn District Plan Update
- Minimum Car Parking Requirements to be Chopped
- Spotlight on District Plan Provisions
- RMA changes are coming, are you ready?
- Is it a Wetland or Not?
- Planning Rules can Affect Property Value
- Time's up on the RMA
- How to navigate Rural Land Development Under the National Policy Statement on Highly Productive Soils
- Negotiating with Neighbours Under the RMA
- The National Policy Statement for Natural Hazard Decision-Making and its effects on Resource Consents
- Planning Permissions – Resource Consent or Plan Change?
- Rural Allotment Sizes set to Double
- The rise or fall of rural lifestyle blocks in the Selwyn District?
- How lizards might affect your new development
- Confused by Environmental Legislation? You are Not Alone.
- But that’s the way we have always done it!
- What does The Selwyn District Plan (appeals version) mean for the planning process and consent?
- Planning land use to be resilient to natural hazards
- Buildings under exemptions may still need resource consent
- Burning crop stubble on your property?
- Good District Plan provisions save time and money
- Why we have complicated septic tank disposal rules
- What to do when you inherit land
- Selwyn District Council Changes Urban Allotment Sizes
- A recent Baseline Group project was recognised at the 2022 Canterbury Architecture Awards
- Cross lease titles - an overview
- District Plan in Selwyn – How will it Affect You?
- The Great Forestry Debate
- Councils are Increasing Residential Density, but why, who does it benefit?
- Is the RMA really the problem?
- Housing Intensification – Not for Everyone Says CCC
- Tiny Home Revolution May Not Save Costs
- Indigenous Biodiversity: what does it mean for a farmer?
- Crunch Time For New Freshwater Legislation
- How might Development Contributions affect you?
- Rural allotment sizes set to double in West Selwyn
- Housing Growth continues in Selwyn with Legislative Support
- Make Your Additional Land Profitable Under the Selwyn Proposed Plan
- Historic Heritage Challenges for Landowners
- Outstanding Natural Features and Landscapes - effect on farming
- Rivers, Lakes and Coastline, Public Space for All
- The Role of Planning in the Climate Change - Discussion for Agriculture
- Have your say on Development Projects
- Who Pays for Infrastructure in Greenfield Land Development?
- What does a professional planner do?
- Highly Productive Soils – Big Picture Thinking vs Private Landowners Needs
- With increasing density, good design matters
- Time matters – With Resource Consent
- Navigating New Opportunities: The Importance of Land Development Planning in 2024
- Commercial Activity in a Rural Zone – What’s the Harm?
- A Practical Guide for District Plan Reviews
- The importance of knowing your boundaries
- Fundamental Culture Shift in New Zealand Planning Legislation.
- The dream of subdividing your land
- Changes to Resource Management Planning Signalled in Proposed Legislation
- Risks to farmland in the planning framework
- Crime Prevention Through Environment Design (CPTED)
- Your Rights as an Affected Neighbour: Navigating Development Under the RMA
- Proposed Selwyn District Plan - What next?
- Hazardous activities, land contamination and resource consent applications
- Flood Management | Changes in Selwyn