Following the Canterbury earthquakes some Crown agencies are going through a “rebuild” phase meaning that in a number of instances, building consents are required by Council to be registered on a current title. Frequently Crown agency land was historically acquired for different public work purposes by Gazette Notices under the Public Works Act 1981, and current titles have not been issued.
Additionally, often the land that makes up the asset may be in multiple parcels, over multiple Gazette Notices, and although held by the Crown, are all held for different purposes under the Act. Crown agencies have had to go through a long drawn out process for each individual asset on a case by case basis in order to re-vest all of the land themselves for a uniform purpose, before they could obtain building consent, which is often to very strict timeframes.
The Property Group’s legalisation team has taken a pro-active approach for a number of Crown agency clients and undertaken an exercise to determine ownership and the updating of the title record before it becomes an issue.
The team assesses each individual asset, providing a report to the Crown agency, detailing how many parcels make up the asset, how each individual parcel is held, together with a breakdown of the recommended legalisation actions and processes in order to update the register and raise a current title for all of the land that comprises the asset. At the same time we also advise whether all of the land can be amalgamated into one title (provided that there are no future disposal plans). In some instances, there may be no action required, however for the purposes of completion this is also assessed and a recommendation of “no action required” provided.
As part of the report we have provided a detailed TPG Mapping aerial map of the asset and the immediate surrounding areas, which can be used in order to draw attention to any boundary issues. The map also provides basic ownership details of the surrounding land and estimates the location of any easements affecting the asset land.
The report also includes an estimate of costs and timeframe to complete the recommended legalisation actions.
The Crown agency is now aware of any title issues for their individual assets in the area and have a firm recommendation on how to move forward with any legalisation issues. They now know what must be achieved in order to obtain a building consent and can more effectively work within the Council’s timeframes for the consent process. Also, with the titles being updated and brought into uniform ownership, the survey and creation of any future easements over the asset land is a much smoother and faster process.