Frequently Asked Surveying Questions
No the survey marks that mark your boundary do not belong to you. When they are placed in the ground their ownership becomes the Crown, regardless of the fact that you have paid for it to be placed there. The survey marks on your property both help to identify the neighbouring property boundaries and provides valuable evidence for boundary positions in the future surveys.
I disagree with the position a surveyor has placed a boundary peg, what do I do?
Firstly, avoid the temptation to pull the peg out and place it where you think it should be.
There can be a number of reasons why the position is not where you thought it would be. In all situations I advise that you first speak with the surveyor involved and have the position confirmed. If you are still not happy I suggest getting a second opinion from a second surveyor, however this could cost anything upwards of $500 to complete.
Some reasons for positions being different are:
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A surveyor always checks their work when they get back in from the field. There are times when there is a transposed number and the surveyors checks will identify this. In these situations expect the surveyor to be out correcting the error as soon as possible.
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A common reason is a fence line may have an angle in it, which correspondingly places the fence in a different location to what was expected.
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A stream can move and appear to have the boundary in the wrong location.
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A fence has been put up in the wrong location.
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A road may have been built in an easy to build location that happens to not correspond with the true boundary.
Do I have to let a surveyor onto my land?
The short answer is yes. Under Section 54 of the Cadastral Surveys Act 2002, it is an offence to not allow a surveyor onto your property. However it is polite for the surveyor to introduce themselves to you and to check that there are no safety concerns or anything they should be aware of. It is also reasonable to request that the surveyor avoids some areas if possible, for example to avoid certain fields on a farm during the lambing season.
Section 54 of the Cadastral Surveys Act 2002 has been reproduced below for your reference:
54 Obstruction of cadastral surveyor
Every person commits an offence and is liable on summary conviction to a fine not exceeding $1,000 who knowingly obstructs or hinders a cadastral surveyor, or a person assisting a cadastral surveyor, in—
(a) performing the cadastral surveyor's duties and functions in relation to a cadastral survey; or
(b) ascertaining or marking out a boundary or cadastral survey line; or
(c) fixing, placing, restoring, repairing, or setting up a cadastral survey mark.
Why has my boundary dimensions changed compared to the old dimensions?
If you live in an old area that has not been surveyed recently, it is not uncommon for a bearing or a distance to be changed on your old boundaries. The changes represent better equipment and a better survey system.
Also if you are in a location subject to movement, such as during earthquakes, it is not uncommon for dimensions to need to be changed as a result. I know of changes of several metres required after the Edgecombe earthquake the Napier-Hastings earthquake.
Who was the first person to put a survey mark in and is it still their?
Abel Tasman was the first European to find New Zealand and he charted an approximate map of the coastline he could see. However when Captain Cook came to New Zealand he did a more thorough mapping of the coastline including undertaking hydrographical surveys including Dusky Sound. Captain Cooks surveys were unlikely to have established any permanent or semi-permanent survey marks, and if there were, there are no records that I have found.
I
have searched the LINZ database to find the
oldest survey plans. An example of a plan
from 1847 in Nelson is shown below, along
with a survey plan from Dunedin.
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In both cases I would doubt the original pegs remain because the surveys are in urban areas that have seen a lot of development since they were first surveyed and so have probably been lost over time.
I have found survey pegs that I have dated to the 1870's. These pegs were moss covered and only about 3 cm square, they would of originally been more likely around 5 - 6 cm square originally.
