Section- does anyone know?
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Topic: Section- does anyone know?
Posted By: Jennz
Subject: Section- does anyone know?
Date Posted: 01 December 2008 at 10:38pm
We are looking at buying a section which is up for sale. We need to find out if it has any covenants or easements on it. I got the Certificate of Title off the QV website and it lists the interests registered but doesn't give me the details of them!  I *think* I can get the info I need through the Land Information website but am not completely sure and don't want to fork out more money if I'm just going to get the same thing from them! Does anyone know the name of the record I need to find out the restrictions a section may have? Can I find it out online or do you need to go in to a council to get that kind of stuff?
TIA  ------------- Jen, Charlotte 7 & Kate 3 
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Replies:
Posted By: Glow
Date Posted: 01 December 2008 at 10:44pm
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LIM (land information memorandum) report do you mean?
------------- Mummy of Two Boys B: 2004 K: 2007 |
Posted By: peanut butter
Date Posted: 01 December 2008 at 10:52pm
| yep, LIM is what I was thinking...normally from the council Ithink. |
Posted By: Jennz
Date Posted: 01 December 2008 at 10:52pm
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Yeah kind of! I'm on their website and they have a list of a whole lot of different reports you can order.
Title (current with diagram) Title (historical record) Title Plan Survey Plan Guaranteed Search etc... Theres about 20 of them and I don't know which one to order! ------------- Jen, Charlotte 7 & Kate 3
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Posted By: weegee
Date Posted: 01 December 2008 at 10:55pm
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A LIM has all sorts of info on it including zoning details and you have to go into Council for it (most of the info you can get online anyway). Details of easements etc are all available through LINZ - we use http://www.terranet.co.nz/terranet/ - terranet at work (an environmental consultancy). The CT should have an attached diagram showing any easements etc (sounds like the one you got from the QV website was just the page with the interests etc and not the diagram).
If you want me to log in and look up if there are any http://www.terranet.co.nz/terranet/Help.do?action=reports_docs_prices#instruments - instruments etc to do with the property just PM me the legal description  (except I'm off to bed now so it'd be tomorrow our time!)------------- 
Mum to JJ, 4 July 2008 & Addie, 28 July 2010 |
Posted By: Jennz
Date Posted: 01 December 2008 at 10:55pm
I was hoping I would be able to get the info online  Otherwise I have to send Mum into the council which will be a nightmare  ------------- Jen, Charlotte 7 & Kate 3
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Posted By: weegee
Date Posted: 01 December 2008 at 10:56pm
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lol all those replies while I was taking my sweet time.
You want the Title (current with diagram) and Instruments -------------
Mum to JJ, 4 July 2008 & Addie, 28 July 2010 |
Posted By: Jennz
Date Posted: 01 December 2008 at 10:57pm
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Brilliant! Thanks weegee ------------- Jen, Charlotte 7 & Kate 3
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Posted By: weegee
Date Posted: 01 December 2008 at 10:59pm
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Survey Plan would probably be useful too (sometimes it's the same one included with the CT, sometimes it's more detailed). So if you already have the plain CT minus diagram that might be better. -------------
Mum to JJ, 4 July 2008 & Addie, 28 July 2010 |
Posted By: Glow
Date Posted: 01 December 2008 at 11:03pm
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Yea a LIM wouldnt give you easements, you will find those on a property cert of title at land info NZ. LIM also wouldnt give you acurate boundaries. ------------- Mummy of Two Boys B: 2004 K: 2007 |
Posted By: Troods
Date Posted: 01 December 2008 at 11:11pm
Second that. But I'm not sure if you can access the title info in the LINZ Landonline website yourself, as you need to have the requisite software installed in your computer as well as being set up as a user with a login and password etc (I worked in a law office in conveyancing). But there are search agents that you can use, but again I think you might have to register with them first. I think Terranet might still be up and running but of course there might be a fee to pay to get the info you need. Otherwise, if you do have a solicitor you normally deal with, you could always try ringing them and ask if they would kindly get a recent search of the title and easements and/or other interests for you - of course they might charge a disbursements fee for that but that way might be easier. ------------- 
 Missed MC July 2011
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Glow wrote:Posted By: caliandjack
Date Posted: 02 December 2008 at 7:11am
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Do you already have the certificate of title?
There should be details of interests registered against it shown on the bottom of the form. What are the interests registered against the title? Usually they're easy to work out what they are. ------------- http://lilypie.com" rel="nofollow">   [/url] Angel June 2012 |
Posted By: Jennz
Date Posted: 02 December 2008 at 10:38pm
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Ok I got a full copy of the cert of title from LINZ (grrrr QV ).
It lists the easements but I have no idea what a couple of them mean! Can someone please try and interpret for me?
Right it says: Interests Land Covenant in Transfer B320946.3 - 25.11.1993 at 2.46pm Subject to a right (in gross) to drain water and sewage over part marked F on DP 77154 in favour of the City Council created by transfer B320946.4 - 25.11.1993 at 2.46pm The easements created by Transfer B320946.4 are subject to section 309 (1)(a) Local government act 1997 B320946.8 Mortgage (encumbrance) to the City Council - 25.11.1993 at 2.46pm Fencing agreement in transfer B442412.1 - 2.8.1995 at 3.10pm Fencing covenant in transfer B442412.4 - 2.8.1995 at 3.10pm Now I can deduce the gist from the sewage/drainwater and the fencing one myself. Not so sure about the Council created transfer and easements and the whole section 309 part ------------- Jen, Charlotte 7 & Kate 3
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Posted By: minik8e
Date Posted: 03 December 2008 at 7:46am
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What you need is to get a copy of the instruments. For example, a copy of Transfer B320946.3, transfer B442412.1 and transfer B442412.2 - they will set out the inidvidual details of the agreements and covenants, and what requirements need to be abided by. Also check out where the water and drainage is that is referred to - what part of the section does it cover, as there will be restrictions as to building over this part of the section. I'm pretty curious about the mortgage though, I haven't seen that one before! The fencing agreements etc may sound simple, but you don't know the details just from the CT.
To find out about section 309(1)(a), go to http://www.legislation.govt.nz - Legislation Online , look up Local Government Act, and have a read of that section. All it's saying is that the retsrictions/conditions etc in that transfer are subject to the conditions in that particular part of the Act. |
Posted By: Jennz
Date Posted: 03 December 2008 at 8:47am
Darn Here I was thinking it would be simple  ------------- Jen, Charlotte 7 & Kate 3
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Posted By: Troods
Date Posted: 03 December 2008 at 10:35am
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Pretty much what minik8e said - but you will probably also need to get a copy of the plan DP77154 (if you don't have it already with your copy of the title) to see where the water and sewage drainage runs though.
Can I ask - Is the section being sold through an Agent? If so, they might already have copies of all that stuff for interested purchasers to look at. Some, but not all, Agents will get that info for you if you ask and if you are genuinely interested in making an offer. Otherwise, if it's a private sale, and you want to look into the title and the easements before you make an offer, then if you have a solicitor in NZ that you normally deal with it might be best to ask them to look into it for you and they can explain what they all mean and advise you accordingly. But, if you want to avoid the cost of involving a solicitor at this stage but don't want to risk loosing the section if you're really that keen, you could make the offer and get an Agreement signed up now, as they standard terms of the Agreement provide for the purchaser to investigate the title, easements etc and to make any requisitions within 10 working days from the date of the signed Agreement. Just make sure that the standard clause does not get deleted because then you will loose that right to requisition. You may also want to make the Agreement conditional upon you getting a LIM. You don't have to get the LIM if you decide you don't want to, but it's always a good idea to make it conditional on a LIM just in case you do need it. But, again, if you do have a NZ solicitor you normally deal with, in either case you may just want to run things past them first before you jump into a deal. If you don't have a NZ solicitor, maybe there is a family solicitor that your parents or other family members use or have used and may be able to help you out. If you do go ahead with the purchase, you will need a solicitor anyway and there will be costs to you for the title investigations either way you decide to go. -------------
Missed MC July 2011
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Posted By: shaz
Date Posted: 05 December 2008 at 10:43am
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Ok I'm off work today but .......
I work for LINZ (for now) If you can wait until Monday I could help you. I'll PM you my work email. ------------- Mum to Natasha Aroha 9/12/1995, Alexandra Makareta Waimarie 22/4/1998 and....Alyssa Frances Hopaea 18/03/2007 
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