Frequently Asked Surveying Questions
I occupy some of my neighbours property, what should I do?
This is a hard situation to be in and an occasion that all involved should tread carefully with because emotions will often run high.
The first question asked is "how old is the encroachment?"
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If it is only a few years old, then there is not likely to be much that can happen, but there may be a liability issue from who did the work.
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If the encroachment dates to when the property was first surveyed and there is no evidence that the encroachment was ever noted and if rates have been paid on whatever encroaches, then there can be a claim for adverse possession. What helps to claim adverse possession are:
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Is the property limited as to parcels? If yes and the fence dates back to when the title was first created, there is a good case to claim the extra land.
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Was the boundaries determined by a transfer document? If yes, the boundary was probably not surveyed and so there could be a good case to move the boundary.
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Have you been paying rates on the land? for example a garage or a swimming pool that end up on a neighbouring property. You may also have a case for adverse possession.
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If a. - c. do not apply then you may be allowed to keep some of the land, such as where a house encroaches.
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In all cases I strongly suggest to seek advice from a surveyor or a property lawyer.
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Is a downturn a good time to do a subdivision
The advantages of a downturn is it gives you time to calmly and rationally consider all your options and plan for the future without the time constraints of beating the next quiet time.
The New Zealand population is growing at around 1.4% per year (2008) and the population is not projected to peak until at least 2050 or later. Also much of the population increase is from immigration to New Zealand, so the increase is not only through births (that will take 20 years to benefit from), but also an increase in adults. As a result a decline in subdivision and land development could not be sustained over a long period of time before the natural pressures for more housing is required. This has already started to be seen in Auckland and has been reported by the Salvation Army.
The subdivision process can take a long time, with simple subdivisions taking at least 5 months and the more complex ones taking years to be completed. You have the ability to stop and start at any stage of the project.
Taking note of the above, a down turn is a good time to consider the development options of a property and to seek resource consent. In the Queenstown-Lakes District is will often take at least a year to get the consent, then there could be engineering design required after, so you could be looking at 3 years from beginning to title. In Manukau City, the whole subdivision needs to be designed prior to consent being granted; therefore the process could take a year at least to get consent and two years to get title. If you wish to rezone land, it could take 2 - 3 years to get the rezoning by the time it goes through the hearing and environment court stages, after this you then need to get resource consent.
Starting in a down time means you have the time to get started on a subdivision, proceed to a point you can afford or a point that will not be economically disadvantaged (eg completing everything, but not getting title to minimise rate costs). By starting the process, when you see things improve, a lot of the delays will be behind you.
I want to make a complaint about a surveyor?
Depending on the nature of your complaint, the following courses of action are available for laying a complaint about a surveyor:
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Fees Dispute
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Unprofessional conduct
To avoid repeating information contained on other pages, I suggest seeing my section about making a complaint about a surveyor.
