What is a boundary adjustment and what does it involve?

A boundary adjustment is where:

  • You and your neighbour swap pieces of land with each other so the boundaries (ie fence lines) between your properties are altered; or
  • Your neighbour transfers a portion of their land to you; or
  • You transfer a portion of your land to your neighbour.

When a boundary adjustment is registered, new titles will issue for your property and your neighbour’s and a new plan is registered outlining the new boundaries for each of your properties.

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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.

Get the right advice from the start! Contact us today

We are experienced in carrying out boundary adjustments and we know what needs to be included in an agreement to ensure your interests are protected. Get the right advice from the start. Contact one of our experienced team today.