I wish to undertake a 2 or 3 Lot Subdivision, what is required?
Firstly you will need to engage a Surveyor who will survey the land and draw up what is called a “LT Plan”.
There may be certain easements required that will affect the new Titles for each property. These could be things like land covenants if you wish to outline what is to be built on the property and things like size of the dwelling, colours, second-hand materials that may be used etc.
If there is a Mortgage on the current Record of Title, then Mortgagee Consent will need to be obtained from the Mortgagee which agrees to the requirements. The Bank will also charge a fee for this service.
Once all the conditions by the Council have been met then the Council will issue what is a called a section 224 Certificate. This document is confirmation from the Council that all conditions have been met
Documents are filed at Land Information New Zealand by your surveyor and the LT Plan becomes lodged and is then known as a Deposited Plan.
Solicitors will draft any easement documentation, and any consent notices required by the Council and Order for New Records of Title. You will be required to sign documentation in relation to this and these are filed and lodged with Land Information New Zealand which will create the new Records of Title (which are the legal document which records the registered owner of a property and the land area) for the new properties.
Easement documents may include:-
A Right of Way – allowing access through a neighbour’s land (accessing a back Unit property through using the driveway that is part of the front Unit’s land).
Easements for services, such as electricity, water and telecommunications,
Sewage and water easements, which permit one owner to drain water or sewage through pipes on neighbouring land.
Any rates for the underlying property will need to be paid to the end of the current financial year. The rates will then be split for each individual Lot based on section size.
Notices of Sale for each new property will be sent to the specific Council to advise them of the change.
Please call our Property Team on 3793880 for any queries you may have in relation to a subdivision.
