The following information relates to the use of residue parcels when dealing with a limited title, an adverse possession claim, or the bed of a water body including where there is erosion.
Rule 2 defines a residue parcel as the residual portion of a primary parcel:
(a) which remains as a result of a survey:
- for removal of limitations as to parcels, or
- for an adverse possession claim, or
- to change the registration of land from the Deeds Registration Act 1908 to the Land Transfer Act 1952,
(b) or which is:
- being defined as part of the bed of a lake, river, or common marine and coastal area, and
- not currently recorded in the cadastre as the bed of a lake, river, or part of the common marine and coastal area, and
- not intended to vest, and
- not intended to have a new estate record.
Where the title is limited as to parcels and land is held in possession adverse to the registered proprietor, a residue parcel will be created.
Where a claim of adverse possession is being made for part of a parcel, the remaining portion of the parcel not being claimed must be a residue parcel.
Where an existing parcel includes an undefined water body and, upon survey, that water body is to be identified as a new separate parcel, which
- is not intended to be vested in the Crown or a territorial authority, and
- a title is not going to be issued for it,
then this water body parcel must be a residue parcel.
The new residue parcel is normally given the parcel intent 'hydro' to readily identify it as being a water body.
The residue parcel must not be depicted with an appellation. In the CSD diagrams, the parcel must be annotated with the name of the water body or a simple label [r 9.6.3(h)(iv) and r 10.4.2(f)(iv)]. In the diagram below this is shown as streambed as an example.
Note the above does not apply where the water body is being transferred or vested. In those cases, the land must be depicted in a primary parcel (eg Lot 1).
The boundaries of a residue parcel that are not common with another new parcel on the survey may be accepted [r 6.3(b)], in which case they are:
- not required to meet any accuracy standards (refer to definition of accept),
- class D [r 3.2.4].