Boundary adjustments - what are they and what are the steps to carry one out?

A property owner was caught out when they accidentally used a small part of their neighbour’s land to plant a garden. A dispute arose and the neighbours agreed to negotiate a boundary adjustment so the property owner who had planted the garden could buy this small piece of land from the other owner. 

A boundary adjustment is a form of subdivision. 

Boundary adjustments may be useful when fixtures such as fences, driveways, or gardens are encroaching on neighbouring land. A boundary adjustment allows neighbours to agree to shift the boundary, creating a small section of land that can be sold to the encroaching property owner to resolve the issue. 

For a boundary adjustment, you will need to work with a lawyer, surveyor and your local Council. All neighbours involved need to consent to the boundary adjustment taking place. 

As boundary adjustments are considered a subdivision, a resource consent will be required to undertake the adjustment. You will need to regularly consult with the Council throughout the subdivision process in order to obtain a resource consent and comply with any conditions and restrictions that the Council may put in place.  

The steps in the process are:

Search the title

As an initial step, it is advisable to have your lawyer review the head title (the title to the land being subdivided) to ensure that there are no restrictive interests on the title that prevent it from being further subdivided. 

Apply for Resource Consent 

An application for the subdivision will need to be prepared and submitted to the Council. 

It is advisable to have a surveyor involved at this stage as this involves a specialised resource consent application.  In this application you should be able to provide the Council with a plan for the subdivision, including the dimensions for the proposed lots. 

Engage a Surveyor and submit a survey plan      

Once consent from the Council is obtained, you have five years in which to submit a survey plan. This survey plan is required to satisfy the conditions of the Council’s consent. The Council will certify the subdivision if it has satisfied the specified conditions. 

Agreement for Sale and Purchase and Obtaining new titles 

The final stage is signing an agreement for sale and purchase for the subdivided section and the obtaining titles for the resulting lot. Your lawyer will be able to draft the agreement for you and prepare the documentation for the issuing of new titles.

It is important to note that this process can be costly and time consuming, so generally you should take great care when using any land on a boundary to reduce any chance of disputes arising.

It is vital that you take professional advice early in the boundary adjustment process to make sure the process is as smooth as possible for you and to find out if there are other options for you

Leading law firms committed to helping clients cost-effectively will have a range of fixed-price Initial Consultations to suit most people’s needs in quickly learning what their options are.  At Rainey Collins we have an experienced team who can answer your questions and put you on the right track.