The following information relates to defining a boundary of land held in a Hawke’s Bay interim title. The information includes the nature of an interim title, requirements when the interim nature is to be uplifted or is to remain, and the use of boundary marking surveys.
Under s 9 of the Land Transfer (Hawke's Bay) Act 1931, when both register and outstanding duplicate titles were lost or destroyed as a result of the Napier earthquake, any replacement titles were recorded as being inconclusive as to ownership. If the survey records and monuments supporting the survey were also destroyed, the reconstituted title was inconclusive as to description and delineation.
Under s 12 of that Act, the interim title became conclusive as to ownership after six years. Thus registered ownership (fee simple and secondary estates and interests) were restored to full guaranteed status, but not the area or boundaries.
Where the interim nature of a title is being uplifted for a parcel of land, all boundaries and boundary points on that parcel must be defined by survey, or have been defined by survey or its equivalent subsequent to the 1931 earthquake.
The requirement to define by survey existing class A boundary points on a primary parcel less than 0.4 ha [r 6.2(a)(iv)] applies where there is an interim title. This also applies for legalisation surveys.
It is presumed in these cases that the interim nature of a title will be uplifted.
The Rules provide for boundaries and boundary points to be defined by survey [r 6.2], defined by adoption [r 6.4], or accepted [r 6.3].
Where the existing title for a parcel is an interim title, this interim nature will only be uplifted if all the boundary points are being defined by survey, or have been defined by survey or its equivalent after the 1931 earthquake.
The interim title will remain where boundary points have not been defined by survey or its equivalent after the 1931 earthquake.
Where the land in a parcel will remain in an interim title, the annotation 'Hawke's Bay interim title' must be on the Diagrams of Survey and Title [r 9.6.11 and r 10.4.8].
In certain circumstances, a boundary 'reinstatement' is permitted where the title is a Hawke's Bay interim title.
The point being marked must be:
- defined by survey [r 6.2(a)(v)]. This means that all the relevant evidence (including evidence relating to the interim title) must be gathered and considered
- previously defined in an approved CSD, ie it must be an existing point.
If after taking into account the evidence, the position does not agree with that defined in the approved CSD, a boundary marking survey must not be carried out. If the position is to be recognised as authoritative, a full land transfer survey is required.
A boundary marking survey must not create a new parcel and must not be used to uplift the interim nature of a title.