Cross Lease Plans on Limited Titles
Aug 26, 2015 0:00:12 GMT
Alex Liggett and Brent George like this
Post by Mark Geddes on Aug 26, 2015 0:00:12 GMT
I'm not sure how many of you still do cross lease surveys that much, but I had a wee run on them last year. One was over a limited title and given that you can't undertake a unit plan on a limited title, I assumed you couldn't on a cross lease either....but thought I'd check with LINZ all the same. The response I received was very positive for my client. I was told you could create cross lease title on a limited title where the cross lease strucutures do not encroach beyond what they could raise title to should they being uplifting limitiations. You do have to make a note to show that the underlying title is still limited, but that goes without saying and also an occupation diagram is required. In the event someone tried to uplift limitations after the cross lease plan deposited, you do not need to complete a new cross lease plan if the buildings being leased were not changing. They may wish to show how the definition relates to covenant areas (e.g. for exclusive use) in their dataset but this is not a requirement and would require variations to the leases to be registered if the covenant areas were defined differently on any plan. You do need to comply with Rule 3.5.....which might be interesting given the vagueries of where limited titles boundaries are when complying with accuracies from rule 3.3.
We are a tad lucky in our case as our client previously engaged us to undertake a two lot subdivision on the same limited title and the dataset was ready for lodgement when he pulled out of the process due to some council requirements - so we have a full definition determined and occupation diagram. We have also now had both parcels either side of us defined on LT plans and so our risk in lodging the cross lease on the unit title is reduce somewhat. So it was an interesting response from LINZ - maybe not a common scenario but maybe this is not unique either.
We are a tad lucky in our case as our client previously engaged us to undertake a two lot subdivision on the same limited title and the dataset was ready for lodgement when he pulled out of the process due to some council requirements - so we have a full definition determined and occupation diagram. We have also now had both parcels either side of us defined on LT plans and so our risk in lodging the cross lease on the unit title is reduce somewhat. So it was an interesting response from LINZ - maybe not a common scenario but maybe this is not unique either.