It is undesirable in the long term to have unresolved boundary discrepancies. Unclear boundaries may cause difficulties or disputes with neighbours or difficulties and delay on sale of one of the properties.
Strategic options include:
If you wish to have the title boundaries adjusted without your neighbour’s consent, possible grounds to do so include:
In considering what is the best way to proceed, take account of:
Is it cheaper to move the physical boundary to match the title boundary?
Moving the title boundary is expensive and the cost can be uncertain
Consider if the misalignment of the boundaries can be resolved by:
Creating an easement is simpler and quicker than a Boundary Realignment.
A typical easement will generally take in the vicinity of 2-6 months to complete depending on the complexity and number of parties involved. Council approval is not usually required.
An easement may be created by:
Typically after an agreement is in place, the Surveyor applies to council for approval of the Boundary Realignment.
The Boundary Realignment process is complex and prone to delay. It involves the co-operation of lawyers, surveyors and several government departments.. It is impossible to make precise and reliable promises on the timetable of the Subdivision.
A typical Boundary Realignment will generally take in the vicinity of 4-12 months to complete depending on the complexity and number of parties involved.
If council approves the application and the permit conditions are acceptable, the Surveyor will then draw the survey plan.
You will need a “Schedule of Easements”, a conveyancing document that summarises and creates the system of rights between the blocks involved in the Boundary Realignment. Possible rights include rights of way, rights of drainage and covenants restricting use of the property.
When all the works required by council are done and the signed schedule of easement and the Boundary Realignment plan is lodged with Council, Council will examine any works done, the survey plan and the schedule of easements to make sure all is in accordance with the approval that they have already given.
When satisfied, Council will seal the Boundary Realignment plan and send it to the Land Registry.
The Land Registry then completes the title adjustment by drawing up the new title documents.
Investing in a surveyor drawn plan to define the easement area is usually a prudent investment. A detailed survey plan may be required but even if a reliably drawn sketch plan will suffice, it needs to be reliably drawn.
A transfer and typically a contract need to be drawn and signed.
Title deeds to be adjusted need to be produced to the Land Registry so they can be up-dated. Bank consents may be needed.
Any payments can be made on exchange of the necessary transfer.
The Land Registry check the transfer and plan complies with their requirements. The Land Registry then registers the transfer to record the easement on the title documents.
Once there is a likely accord on the response get a sketch plan drawn by a Surveyor to illustrate the proposed changes.
A written agreement between the parties to the accord is prudent to record everybody’s expectations in clear and binding form on: