Explore the history of Limited Titles ( sometimes called Limited as to Parcels ), the affect of a limited title on your property and how we can help you remove the title limitations. If you’re looking to develop your land, build or sell your property a Limited Title Property can hinder this process. Read below to learn more.
What is a Limited Title?
This applies to older titles. In some cases, when a parcel of land was first registered under the Land Transfer (Compulsory Registration of Titles) Act 1924, there was insufficient survey evidence for the Crown to guarantee issue of a title. To safeguard the Crown, these were given the tag Limited as to Parcels. These are commonly referred to as limited titles.
How does a limited title affect my property?
A limited as to parcels title essentially implies that the parcel of land as described in your title may not match what you actually occupy on the ground. This may have been due to encroachment (adverse possession) by your neighbour, early fences not being constructed along the boundaries or erroneous/poor original surveys. If you are looking to develop your land, sell your property or build this tag may hinder these plans.
How can I remove title limitations?
The removal of limitations requires that a new survey plan is deposited under the Land Transfer Act 2017.
Thomas Consultants have a team of experienced surveyors who will undertake this by surveying the existing boundary occupation (fences, walls, and buildings near the boundary), also reviewing historical survey and other records to determine the best legal definition of the boundaries to enable issue of an ordinary or guaranteed Record of Title. We are required to mark the final boundary positions and when everything is finalised, you will have a new Record of Title.
This can take some time, as all neighbours are given the opportunity to object to the survey, but they must have just reasons for this. The process can be expedited by getting your neighbours formal written consent; this can be done by yourself, or your surveyor or solicitor.
Let us help you with your limited title
Our experienced Land Surveying team can help you remove the limitations on your title and produce a new Record Of Title for your property.
Contact our friendly and responsive team HERE