Absolute Land Solutions

Resource Management, Town Planning and Land Surveying Professionals

Definitions - C

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

On this page the following surveying and planning terms are explained: Cadastral Dataset, certificate of compliance, certificate of title, coastal permit, compiled plan, computed plan, consent notice, controlled activity, covenant, and cross-lease.

 

A Cadastral Dataset is the name given to a complete set of survey information that will be held by the Crown, and which shows all the information required to identify and recreate the positions in the future. A cadastral dataset is required to:

1. prove a property's boundaries,

2. reproduce all the property boundaries,

3. explain how the property boundaries were determined,

4. identify any problems encountered,

5. graphically shows the existing occupation patterns,

6. any other information that may be required to prove the work undertaken.

A Cadastral Dataset will include, a title plan(s), a survey plan(s), survey report, traverse sheets, calculations, and may include occupation diagrams and any other information relevant to assist in proving the decisions and solutions made.

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A Certificate of compliance is a certificate or letter from the relevant District or City Council, Regional Council or Unity Council. This letter confirms that an activity a person is doing, or wishes to do, on their property is allowed without resource consent.  In other words the activity is a permitted activity. An example is a certificate confirming a house can be built in a rural area.

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A certificate of title is the paper record and legal document of the parties that own a particular property and whether there are any legal interests in the property. Ownership can be by an individual, a multiple number of people or a company. The interests noted on a title vary but include:

1. mortgage information,

2. easement information,

3. covenant information,

4. transfer information,

5. consent notices.

Other information shown on the certificate of title are:

• if a title is limited as to parcels,

• all relevant parcels of land that relate to the title.

• the area of land involved

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A Coastal permit is a type of resource consent. A coastal permit is a consent gained from your local Regional or Unity Council and is specifically for an activity within the coastal marine area (CMA). This permit can only be given for activities that are identified in a regional plan as requiring a consent, or the rules in the plan require a consent to be sought, or the activity is specifically required by the Resource Management Act. No person or organisation can receive a coastal permit for a prohibited activity.

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A Compiled Plan is a set of survey plans which a licensed cadastral surveyor prepares and certifies. This type of plan is created from existing survey records and negates the requirement for any pegs to be put into the ground. Existing boundary positions and calculations between them are used in order to create the new boundaries.

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A Computed Plan is a set of survey plans a licensed cadastral surveyor prepares and certifies. To do this type of plan a licensed cadastral surveyor is required to get approval from the Surveyor General. This type of plan is created from existing survey records.

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A Consent Notice is made under section 221 of the Resource Management Act 1991. A consent notice is imposed as a condition on a subdivision resource consent decision. A consent notice cannot be imposed on any other type of resource consent.

A consent notice ensures the continuing compliance of a condition, or a set of conditions, made in the resource consent decision. A consent notice is registered on the title of the relevant parcels of land when the solicitor creates the titles.

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A controlled activity is an activity that is required to have a resource consent, and this consent cannot be declined by the Council.  However, the council may impose certain conditions which must be met by the applicant. This consent is required from the District, City or Regional Council that has made the activity a controlled activity.

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A Covenant is an agreement that restricts the use of a property or a part of a property in a specific way.  Some examples of covenants are; restricting the materials used to build a house, limiting the size of houses and prohibiting some types of businesses from a property.

A covenant is usually between neighbours or a group of people and is registered on the certificate of title.

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A Cross Lease (also sometimes referred to as a Flats Plan) is a common type of subdivision in residential areas. It originated as a means of circumventing council planning rules in order to subdivide a property into sections smaller than were originally allowed.

A cross lease creates a title where there are several owners of the land related to one title. These owners have equal shares in the land and all the improvements on the land (for example the houses, sheds, fences and drive). Each shareholder of the land will lease their house and any other associated building/s, and a portion of the land. Some of the land is held as common land (used by all), most commonly used as a driveway).  The most common length of lease is 999 years. Each building and leased area is identified on a cross lease survey plan (also known as a Flats Plan). See cross lease example.

A combined freehold and leasehold title is issued to each shareholder. This title has the following information:

1. the freehold share of the lessee in the whole block, and

2. the leasehold interest of the lessee in the individual site.

How a cross lease works:

1.    The total area of land is owned in equal shares by all of those owners of the cross lease.

2.    The individual owners then lease a particular building or buildings that are shown on a Flats Plan. This lease is for 999 years.

3.    The share of land that the building/s sit on is then registered in a cross-lease agreement on the Certificate of Title.

4.    If you wish to make changes to the cross lease agreement, you must get approval from all the other cross-lease owners and any changes to the shape or numbers of the buildings must be recorded and shown on a new plan. Each time there is a change, a resource consent is required from the local council.

This is still a common form of property ownership, and banks have no difficulty in registering a mortgage over such a property.

A cross lease works most efficiently when there are only 2 - 4 houses involved, anything larger is best dealt with as a unit title.

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