Legal Surveys:

Land Title.

Boundary definition surveys are undertaken for a variety of reasons. There are many different types of boundaries which may require definition to confirm their physical location. Such property boundaries could include water boundaries, irregular boundaries, easement/covenant boundaries, cross lease boundaries, unit title boundaries, stratum (elevated) boundaries, and limited title boundaries; which may or may not have been affected by the Canterbury Earthquake Sequence (CES).

The CES has had a significant impact on boundary definition in the greater Christchurch area (Christchurch City, Selwyn District, Waimakariri District), and more recently North Canterbury following the Kaikoura earthquake. Eliot Sinclair & Partners provides assistance and advice to land owners, developers, builders, contractors, architects, solicitors and other professionals in relation to boundaries in a post-earthquake environment. The introduction of the Canterbury Property Boundaries and related Matters Act 2016 has outlined new principals for determining boundaries in greater Christchurch. The Act provides that property boundaries are deemed to have ‘moved or to move with the movement of land caused by the Canterbury earthquakes (unless the movement was a landslip’).

 Eliot Sinclair & Partners has extensive experience in assessing and defining a variety of boundary definition situations including earthquake affected properties. It’s important to be aware that not all properties or boundaries have been affected by the CES, and not all boundaries need to be ground marked, whether the properties are earthquake affected or not. Our survey team provides site specific boundary definition advice to land owners and/or client(s) across a broad range of environments including rural, residential, residential hills, commercial, and inner city to best suit their needs.

Our boundary definition survey work includes:

  • Boundary monumentation or reinstatement surveys whereby official boundary marks are necessary to settle differences between two or more adjoining land owners. Similarly to assist with the Purchase and Sale Agreements for vacant allotments
  • Defining and monumenting earthquake affected boundaries in areas where earthquake mass movement and lateral spread to land has occurred
  • Confirmation of boundary locations where building setbacks and associated recession plane calculations are critical. This provides the land owners and their consultants with certainty at the design phase, allowing a smooth seamless progression through the building set out and building location certificate stages 
  • Defining boundaries on properties where the underlying survey information is very old. Such properties could not include the notation ‘limited as to parcels’ on their Certificate of Title
  • Identifying boundaries to assist with the erection of fences and walls, and to also clarify the ownership of trees and other vegetation close to boundaries.