The process to register a boundary adjustment involves:
- Having the two properties resurveyed;
- Applying for resource consent from the local council;
- An agreement, either a sale and purchase agreement or another type of agreement, needs to be in entered into. All land transactions, even a land swap, need to be in writing and signed by both parties;
- Documentation to be prepared by your solicitor for the issuing of new titles;
- Both your and neighbour’s banks will need to consent to the boundary adjustment or your existing mortgages may need to be discharged and then re-registered over the new titles.
If either party is purchasing part of their neighbours’ land then the agreement needs to cover when payment for the land is made to ensure that payment is made at the right stage in the process. Without having the right legal advice, payment could be made too early without having any security or title to the land being handed over before payment is made.