SURV307

What is Nalders Rule?

"A person claiming a parcel of land and seeking to dispossess the occupier or possessor, can do only on the strength of his own title and not on the weakness of the occupiers title" Basically can't use weakness of other persons title, only their own (e.g limited vs guaranteed)

4. An excess and shortage is often found between adopted work or old work found and your modern fix or calculation. (a) What mathematical method is often used to deal with this? (b) What principle should you adopt when excess if encountered? (c) What principle should you adopt when excess if shortage is encountered?

(a) Pro-rata (proportional) Bowditch (error put into longer lines) ray trace intersections (b) (c) (same concept) - In both a shortage or excess of land on a property. The people cant be asked to give up their occupation on the property next to it if they have a certified CT and long standing occupation. - Where there is any form of occupation lines providing evidence of boundary, proportioning cannot be used! - If there is a excess, and all over properties occupy no less than what their title states, than the excess should be left with the property where it was found (owner that entitled to excess is allowed to retain it)

What is the Role of a Surveyor

- "In making a redefinition survey, the surveyor is 'following in the footsteps of the original surveyor' - Must gather all evidence he can; plans, titles, transfers, deeds, monuments, witness marks, fences, hedges, walls, buildings, roads etc. - Some of this evidence may be of records and some may also be conflicting - Surveyor gathers all this evidence and documents decisions by placing permanent, identifiable, hard to remove monuments in ground and on plan - Surveyor acts judicially, performing same action as a judge sitting in a court of law. Judge however has final decision, we are just expert witnesses. - Important to realise surveyor gathers physical evidence and makes scientific measurements, but his decisions is distinctly legal, not scientific in nature" (Law for Surveyors, 5.14.2)

4. How are encroachments into adjacent properties addressed in a unit plan?

- A 0.25mm pecked line - dimensions and position of encroachment relative to the boundary - Also annotate with "area excluded.."

What detail is to be shown on an occupation diagram and why is it so important

- A description of the age of occupations surrounding the surveyed area and relationship with all boundaries it to be shown. -It is important because it can be used to define boundaries -It can be used to settle arguments about who's land it is, and if someone is trying to claim for adverse possession (e.g age of fences)

1. What is a D.o.T?

- A diagram drawn on a transfer document.

1. How has eSurvey changed presentation of field observations, occupation and Territorial Authority certifications?

- All survey info lodged digitally into landonline. - Digital survey plans and title plans are created within landonline with mark and observation information part of the survey plan document. -Occupation diagrams and field notes can be attached to the survey. -Previously all TA certifications and surveyor and LINZ authorisations were on the title plans themselves. Now it is attached to survey as supporting document.

What is a body corporate

- All the unit owners in unit title development make up a body cooperate. - Body cooperate is responsible for management and finance of the common property (lifts, stairs, plants, pool). - The body corp is automatically created when a unit title is deposited with LINZ and exists only for the purposes set out in the unit titles act 2010.

What is the best way to measure for a 3d fix?

- By direct measuring (with prism) -using EDM distance and bearing. -fix buildings horiz. and vert. position. -Ground level is defined as "the level of ground existing when any authorised works associated with any subdivision of the land are completed."

5 essential documents for a CSD under 2010 rules to include?

- CSD Plan (with diagram of survey) - Title Plan - TA certification - Survey Report - Occupation diagram

3. How can age be determined in terms of proving occupation of boundaries

- Estimation (on survey plans) - Oral evidence from long term citizens (fences replace, if so in same location) - Old photographs - Survey plans, occupation diagrams, survey fixes -Check field notes in areas with many limited titles, measurements of many lots occupation will be necessary -Tie to adjoining buildings and structures If there is no occupation state so.

2. List three different types of calculations which will be useful.

- Finder ties - for old marks from occupation ties and offset diagrams. - Calculate joins between marks. - Calculate ties between steel marks and old pegs needed for definition. Calculate joins between non adjacent marks or trigs

4. How has the use of GPS changed witness and traverse mark layout? How would this impact on users confined to EDM total stations?

- GPS has changed placements of marks as inter-visibility is no longer an issue as it is traditional EDM total station - But make sure to make some marks intervisible if setting out with GNSS so it is still useable by people using EDM

What are the details of Rule 6.1- Duty of a surveyor when defining a boundary

- Gather all evidence relevant to the definition and its boundary points. - Interpret that evidence in accordance with the relevant enactments and rules of law. - Use that evidence to determine the correct position of the boundary and boundary points in relation to other bound rays and boundary points.

Name some purposes of an SO Plan that could be selected in LandOnline

- Mining - Marine Farm - Reclamation - Crown subdivision - Legalisation (of crown land?) - Post Natural Disaster Evidence - Crown Forest Lease

What are the main points of an SO plan and list some examples?

- Plans prepared on behalf of persons authorised by Statute, TA, Government to deal disposal of land - Each area of land being taken or acquired must include area, boundary, and subject letter on both the survey and title plans Examples - taking land for road - Stopping of road - dealing with 'excised' or 'severed' portions of land - Also involve taking land for other public works

What are the two searching maxims?

- Search and search well. If it isn't there be able to say with certainty - Locate and search for sufficient marks to ensure that no later surveyor will be able to prove you wrong

2. What is a Transfer document? That includes the DOT

- The agreement to transfer rights in land that appears on a CT, from one owner to another. -Will contain diagram or description of land dimensions to be transferred. Will be in the format of: -simple diagram attached to CT for small boundary adjustments or easements. -usually found in older records. -today you would use a computed plan rather than a DoT

5. How should the existence of the term "a little more or less" affect your approach to any cadastral survey?

- This terms should give you the mindset that the accuracies of any cadastral survey are not going to be extremely good, there are always going to be small discrepancies (e.g shown by rounding distances to 0.01 and bearings to nearest 30" etc.)

Why are D.o.T's a problem?

- Unpegged -Basically a subdivision on paper -To arrive at a position on the ground, people may have measured off existing occupation -Used to not be able to do a unit or cross-lease development over a title from a D.O.T - Not easily visible in the cadastre (LandOnline)

Why do we fix easements

- Uplifting limitations - Upon subdivision - To create esplanade reserve or esplanade strip - For accretion claims or to determine erosion/avulsion - To claim for reclamation

1. What factors are to be resolved when receiving instructions for a Cadastral job?

- What does the client want? - what type of survey (redef, subdivsion, setout, topo). - When do they want it? - is the time frame realistic? - Who - is it for? (a client, solicitor, architect) - is paying - issues your instructions (boss?) - is authorised to amend instructions - How - much will it cost? (cheaper methods, affordable) - Which act or piece of legislation will be used? - RMA, LTA, PWA

3. Is it necessary for the Unit to follow building lines?

- Yes, the survey should show units as they are built

5. What are the possible implications of completing a cadastral survey without undertaking a careful and comprehensive data search?

- You may miss potential issues raised in the title or restrictions relating to that title etc. - Can also miss survey information that may be required or may help the surveying process so you are not taking longer than you should be. - Leads to costly requisitions from LINZ and damages reputation.

2010 Rules with respect to: Witness Marks

-A witness mark is a traverse mark that references new boundaries established by survey work. It is a requirement that every new boundary peg must be witnessed by a witness mark (i.e. 3 pegs can use the same witness mark). Witness marks must be stable, durable, and must last a minimum of 10 years -Class A - Witness: 150m Class B - Witness: 500m

2010 Rules with respect to: Bearings

-Bearings must be accurate enough so that they do not cause errors in distance over specified tolerances. -No specific tolerances relating directly to bearings.

4. Why is the term "a little more or less" necessary?

-Because in a lot of cases a parcel laid out on the ground may not exactly reflect what is on the title document. A little more or less allows for this situation. -Basically the phase allows for small differences from title to the actual occupation. Allowing for the pegs to govern. - The dimensions and area on your title may not match the parcel on the ground. - This is due to limitation in the accuracy of surveying. - If two surveyors measure the same distance under the same conditions they will not necessarily produce the exact same length of line.

2. What are the possible implications of neglecting to clarify and document all facets of a job instruction?

-Breakdown in relationship with the client, loss of payments etc. -Difficult to fix if not documented correctly and accurately. -Also may effect reputation for further work not only with that client but with many others.

What is a CSD?

-Cadastral Survey Dataset -Includes: -A CSD Plan -A title Plan -The appellation of each parcel to be extinguished -Sufficient vector to enable to the relationship and no ambiguities. -A min. of two vectors for each bdy point and each new survey mark.

7. What is the most important things to check when comparing the positions of marks obtained by calculations from old survey work and the surveyors new traverses?

-Check own work, transposition of numbers, reversal of bearings etc. -Try to isolate the misclose, what line its on, by doing checks in circuits. -Need to be sure surveys are in same terms.

What is the general structure of the different types of CSDs since 2007?

-Digital survey plan -Digital title plan -Survey report (New, because gave so much valuable information) -TA -Occupation diagram -Pre-validation report -Traverse sheet -Calc sheet -FN -Correspondence between LINZ and surveyor attached as TIF. Which allows greater quality of images.

What were the major changes in the 2010 unit title rules?

-Doesnt use a datum and reduced levels -otherwise you need to show PRM and witness for stratum boundaries. -Use height relative to physical features on the ground, e.g. floor slab. -Lower voting threshold on the body corp, 75% -The body corp owns the common property. -Streamlines the process under which a development is built in stages -Most significant change: Act provides a comprehensive disclosure requirement which was lacking in the 1972 act.

5. Be able to explain the role of the licensed cadastral surveyor in boundary surveys

-Expert witness skilled in the finding, appraisal and recording of evidence by which the facts of boundary definition may be determined. -Must then use this evidence and decide which is of a controlling nature and overriding importance to the others. -Must then make a decision as to the actual boundary based on evidence found.

What is the definition of cross leasing?

-Fee simple owned by the flat owners as tenants in common. -Area of lease to each owner of land is defined and labelled as restrictive covenant. -usually 999 year lease is granted.

4. Why is their approval of the adjoining owners to the definition shown on your plan useful for prior to lodgement?

-Having the adjoining owners how their acceptance speeds up the process by eliminating the risk of disputes between owners.

2. What is the purpose of coordinate origin and what are the rules?

-Helps to prove this origin and confirm that there is no disturbance of the origin marks. -Must connect to a 6th order mark or higher. -within 500m of survey for class A -within 1000m for class b -within 2000m for class c boundary points.

1. What principles are involved in accepting natural features when redefining boundaries? What precautions necessary?

-If original monument is found undisturbed, it is conclusive and can be accepted. - Watch for tree roots, soil creep, peg carving correct, has the peg been properly chamfered? -Oral evdence -Occupation -Control survey plans The hierarchy of evidence is involved in accepting that natural boundaries will override all other forms of evidence. It is necessary to acknowledge that natural boundaries may be subject to erosion, accretion, and other natural processes.

4. Explain why party walls should be "fixed by survey" as opposed to cross-leases that can be "fixed by tape"

-In cross leases due to their flimsy legislative backing they do not require a high level of surveying precision. A survey needs to show that dwellings are within parcel boundaries with measurements good enough for plotting purposes. -A party wall and associated party wall easements are defined by dimensions and require 1cm accuracy.

F surveys. What are they and what do they limit your title too?

-Introduced when the torrens system was introduced. People had to get their land surveyed to uplift the limitations and admit it to the torrens system. This made sure every title had been surveyed before being submitted into the new system. -The limited title indicates the crowns reluctance to issue a title due to insecurity of tenure: -ownership is uncertain -surveys are of uncertain quality -not known if the occupied boundaries match the surveyed boundaries.

What are some other influences on analysis of a survey prior to going in the field?

-Local knowledge, e.g earth movement, construction -age of underlying surveys -type of marks & depth -surveyors reputation, lines thru trees etc. -length of lines

5. Understand the differences between conventional freehold survey data input and unit title survey data input to Landonline

-Main differences are that for conventional freehold surveys you are trying to fix the boundaries - With a unit title survey data input to landonline you are trying to fix the dwelling itself. The dwelling is the boundary.

1. What procedure would you adopt to locate flats if there were no reliable boundary monuments?

-Measure position of building in relation to other building and old fences. -Check part distances add to measured total. -Measure to occupation across the road to confirm road width. -Tape around building, check part distances to whole distances. -Measure and check radial ties from peg to building. If no agreement in 3 above, a survey fix will be necessary: -Would need to perform a full redefinition to determine whether or not the flat is within its boundaries. You could then locate the flats within.

3. Be able to explain the most common form of party wall.

-Most common form is when the wall itself is divided into 2 parts longitudinally with each part owned separately with reciprocal easements (each owner is dominant and servient tenement for each half of the wall). Shown on plan by hatching either side of the wall. Other forms: -Two adjoining owners own the land under the wall as tenants in common. -Wall entirely owned by one person, which right to create easement for the other person if wanted.

1. What are the statutory requirements about locating old marks for origins and definition?

-Must be oriented in terms of an official geodetic projection -at least one of those cadastral survey network marks must be connected by vectors to the survey (Class A, 500m) Rule 4.1 and 4.2

4. What are the 2010 Rules requirements for type and size of boundary marks?

-New boundary point must be a wooden peg, chamfered at the top with a minimum width of 45mm and at least 3000mm2 in cross sectional area, or, a post, or, any other type of peg that is clearly labelled as a boundary mark.

5. What is the importance of any occupation which predates the issue of the limited title?

-Occupation exisiting prior to the land transfer title will have significant effect on determining the boundaries. -If the occupation does not predate the LT title, we are not sure if the exisiting occupation is in place of older occupation.

1. List all the calculations needed before going into the field for the final pegging.

-Office definition considerations and determination -Final field pegging and final visit

6. Explain how to determine whether old pegs are disturbed or not

-Often just by the general look of an old peg you can tell whether or not it is disturbed. -If undisturbed the peg should still be upright, -should not be cut or cracked on top. -Calculations can always be done also as a check.

4. Describe what "other evidence" may have some bearing on reliability and indication of a long standing boundary

-Old aerial photographs showing occupation there before house built indicates long standing occupation. -Historical documents may also show these things - things like original title document

What are he two main categories in locating old makes?

-Orientation (and general position) -Definition

1. Why is simplification of the GPS Survey CSD desirable and what are two pitfalls of this approach?

-Simplification can reduce clutter in landonline and can reduce a surveyor workload. -Simplification can increase risk of errors not being detected and can make it difficult for surveyors to follow your work in the future

What are the two key points in recording unit and cross lease parcels?

-The drafting (depiction) of the spatial relation between each unit or cross lease area. -Every non-primary parcel (cross lease area) must ensure that there is no unambiguous spatial relationship between the parcels. -If two boundaries are within 1m, a survey fix is required to be able to match the accuracy standard in r3.5. -if within 1m, class A (urban) accuracy if required. -if within 3m, class B (rural) accuracy is required.

4. What calculations should be carried out by the surveyor subsequent to the above work and before the surveyor returns to the office.

-Traverse calculation of the misclose of the traverse loop run. -Adjusted using Bowditch method. -Also check the misclosures of the peg ties to see whether they are within rule tolerances. -Compare positions of all old marks found with original positions. Compute new peg positions.

What are the three scenarios of allotments adjoining a limited title?

-Two limited titles adjoining each other (can depend on occupation) -limited title vs 'normal' title where the limited title occupies within the documentary dimension. -limited title vs 'normal' title where the limited title occupies beyond the documentary dimension.

Where will you find a limited title?

-anywhere -LT subdivision -Flats plans -Unit titles -redefinition surveys

Land XML files

-extensible mark up language -the primary charter for landXML is to specify an XML based engineering/survey design structure to: a. transfer engineering data between producers and consumers. b. Provide a data format suitable for long term storage. c. Provide a standard format for electronic design submission.

What would you measure to define the area to be cross leased?

-footprint of building -tie to other existing buildings, fences. -measurments good enough for plotting purposes. -Generally need a survey fix if buildings are within 1m of boundary. -SURVEY FIX:TS fix from survey control using definitions and calculations

3. If direct access is not possible to an object that needs a 3d "fix", what is important about bearing intersections and the angle of incidence? (common to both conventional instruments and reflectorless)

-if no direct access is able due to e.g. neighbours not allowing access to their property. -1st choice: reflector less EDM -2nd choice: by azimuths and zenith distances. The bearing of intersection is important as you need to know an appropriate angle - best being 90 degrees for a good geometry of the fix. Third measurement then desirable to provide redundancy. Angle of incidence is important as a shallow angle of incidence will mean a lot of the signal will be reflected away and not directly back to the instrument, causing a poor level of precision.

How should you confirm the instructions with the client?

-in writing confirm a summary of the time, costs and initial quote. -also make a conditions of engagement form. - communication is key as client is relying on you for most of the advice as this may be the only time they use a surveyor

Why were DOTs discarded?

-material not "permanent" -Inconvenient storage and retrieval -Original prints unavailable -Not easily visible in the cadastre Replaced by computed plans (2010 rules however don't use this term anymore)

Survey report requirements?

-required for all lodged CSD's -Follow set format -All conflicts with offical record need to be discussed and explain how they were resolved -Boundary definition section is the most important part

In lecture 19 (occupation and conflict) how is the boundary definition talked about in the survey report? how is the conflict resolved and how is the boundary redefined

-survey report is broken down into the areas -found excess areas and had to make decisions on how agnew street sits in the greater block to see how the excess measurements are distributed. -old house was found on old plans was still occupying the street from 100 years ago. Used this to redefine the street.

Explain what is required for the depiction and description of permanent structure boundaries

-where the boundary is coincident with a physical structure, the diagram of survey and diagram of parcel must make the relationship between the boundary and the structure clear and unambiguous. -Picture also necessary to define if a boundary is running along a wall then continues after the wall is finished.

What are the reasons for the required number of marks (1 mark, 2 marks, 3 marks)

1 Mark - if youre using GNSS (locates survey graphically) 2 Marks - If in terms of NZGD2000 or 49 this is absolute minimum (3 to discount any disturbance and better for redundancy) 3 Marks - If in terms of OCD (get a bearing check)

Discuss the ways a easement can be removed

1) By surrender - by the person who benefits from the easement (the dominant tenement) 2) Merger - when the servient and dominant tenement are the same owner (when you buy the neighbours property the easement is no longer needed) 3) Negativing - Easements in certificate but no transfer takes place 4) Superceding easement certificates - new survey redefines the easement, must state that the old easement is removed 5) Conditional Easements - Requried permission of the Local Authority under section 223 RMA

7. Devise a check list to use before leaving a survey site at the end of your final field visit.

1) Repair/add any traverse work as necessary 2) Setout and locate new boundary monuments 3) Measure up occupation details and show on the fieldnotes and survey plan. 4) Finish field notes 5) Do a visual check on survey before leaving site

2. What is procedure for completing your definition of a limited title piece of land?

1) establish original cadastral framework as well as the date of issue of the first and transfer title 2) determine if the occupation has relevance to the occupation claim. 3) If the boundary of a limited title is in common with a parcel held in an ordinary certificate of title, the ordinary certificate must be respected and pegged assuming occupation within the limited title does not support a claim against it. - Limited title may claim upto boundary or occupation of guaranteed title, whichever is least - Guaranteed title may claim upto entitled occupation and beyond boundary if occupation (e.g corner of house) is encroaching 4) Where two adjacent limited titles, and occupation is of requisite age than occupation would usually be pegged. 5) If the LT title is in a group of LT title parcels, it will usually be necessary to measure several adjoining lots along street, rear boundaries and across the street. 6) All surrounding lots must be fixed, with type, age, relationship to boundaries, all shown on plan. If there is not occupation this should also be shown.

What are the 4 reasons the the Torrens System was brought in (why the deeds system was rejected)

1. Chain of title could be incomplete. So always someone trying to destroy title of the occupier of the land. 2. Trespassers could obtain adverse possession in absence of land owners 3. Survey, maps to define allotments were not done by competent people and some lots no surveys were done at all 4. Proving chain of title on each and every transaction was expensive and time consuming Chap 7 on Torrens System

13. List five factors you may pick up by careful analysis of the data before going into the field.

1. Disturbed marks 2. Computed/compiles plan possible? 3. If others couldnʼt find marks, save time in looking for them 4. What occupation is there and what state is it in? 5. What kind of equipment is best suited for the job?

3. List 4 factors that you may consider when planning a survey involving field observations.

1. Equipment to be used 2. Method to be used 3. If GPS you may consider best time to observe -satellite geometry etc. 4. Pre-calculations - placing new pegs need peg ties etc.

1. Be able to list and explain the Hierarchy of Evidence

1. Evidence on the ground = pegs are the primary and preferred means of determining boundaries and the land and field evidence hold priority over documentary evidence. This is provided that the monument is authentic, reliable and undisturbed so that it can be presumed to be in its original position as placed by the surveyor 2. Long standing occupation= in terms of boundaries, in the absence of original marks, long standing occupation is presumed to have been erected on original boundary thus becomes the boundary. 3. Survey plans= bearings and distances Hierarchy of boundary evidence: 1. Natural Boundaries (e.g rock wall, lake, large hedge; overrides any mathematical) 2. Monumented lines (undisturbed) 3. Old Occupation (longstanding and undisputed) 4. Abuttals (adjacent survey) 5. Mathematical calc

2. List 4 characteristics that would ensure digital field recordings can withstand scrutiny of the Courts

1. Images of filed notes included 2. Survey marks should be shown in appropriate manner 3. Attached survey report 4. Attached observation/ traverse sheet

11. List the two most important objectives of analysing survey data before commencing a job

1. Obtain adequate origin of bearings and coordinates. 2. Find sufficient old marks to prove definition.

1. List 4 characteristics that would ensure hard-copy field recordings can withstand scrutiny of the Courts

1. Original field notes 2. Neatly and clearly recorded in pencil 3. All alterations clearly written and wrong entries crossed out (not erased/twink) 4. Contain a record of all obs and measurements made by surveyor and of all marks found and placed

What are the various stages of a cadastral survey?

1. Receive instructions. -Who is it for? -what type of survey will you be doing? -Timeframe? 2. Investigate initial resource consent and legislation. -need to know if the survey will be feasible with TA guidelines and laws. -No point moving forward if not. 3. Search survey data -Search the title data; for ownership, mortgages, easements. -search the survey data; to search the area for marks and ways to traverse. extract the XML from LOL. 4. Obtain necessary consents -Involves the preparation of an application for resource consent. -If there are potential reasons consent could be declined, risky to go ahead with field work. -If no obvious reasons for consent to be declined, survey would usually go ahead before resource consent approved. 5. Analyse data (pre calc) -before commencing field work, it is essential the data is thoroughly examines to find the best way to do the survey. -determining which old marks to use for survey -main considerations: +5th and 6th order marks used for origin +NZGD2000 bearings for orientation in terms of offical datum +Sufficient old marks to define previous boundaries. 6. Field Work (first stage) -Temporary traffic management -search for old marks -careful recognisance on where the traverse will be laid -Origin of bearing: reliability of any two marks shall be checked by testing against a third. -Complete traverse 7. Calculations -Closing of bearings, reducing of field measurements, closing and coordinating the traverse marks. -Once definition of old boundaries has been finalised, new boundaries can be established. -Main principle at this stages the intentions set out in the resource consent for lot sizes etc. are honoured. -In order to complete pegging, all relevant ties form traverse to boundary points need to be computed. 8.Fieldwork (second stage) -Boundary positions need to be set out and pegged in terms of computed ties, bearings and distances. -Place pegs properly so it is correct and doesn't look disturbed. 9. Prepare the comprehensive and detailed CSD (cadastral survey dataset) -prepare all the documents, calculations, survey report, plans 10. Report -prepare a thorough survey report discussing the boundary definition and problems overcome. 11. Obtain consents -Make sure all the necessary consents have been obtained and attached as supporting documents (223 and 224c). - If limited titles, adjoining owners must approve 12. Submit CSD -Submit the CSD via LOL and make sure there are no pre-validation warnings 13. Requisition -Don't get requisitioned -If you do, comply promptly or risk loss of licence.

List 5 ways we can find old marks?

1. Visual check 2. Ask the locals 3. Occupational clues (occupation diagram) 4. Surveyors shoe 5. Surveying science

1. Once a surveyor has searched the data for a cadastral survey certain calculations should be carried out before starting field work. Why?

1.) Obtain adequate origin of bearings and coordinates. -connect survey to a horiz. datum rule (4.1). -connect survey to a cadastral survey network mark (within 500m Class A, Rule 4.2). 2.) Find sufficient old marks to rove definition -prepare for the worst, accept the best. Basically should have adequate information about the survey to be undertaken before getting into the field. If placing new pegs, calculations for these need to be done.

Bearings can be calculated from landline NZGD2000 geodetic mark coordinates. even though this is the least preferred method what is the best way to do so?

1.) if using GPS, lines need to be long when determining bearing corrections. suggest 250-300m min. 2.) Compute joins to distant trigs (2km) from NZGD2000 coordinates, and use theodolite to compare bearings. 3.) If computing between landonline coordinates, 6th order marks essential, long lines, terminal marks if possible. slide 9, lecture 7

What is rule 7.1(a), 7.1(b) and 7.2?

7.1(a)- Boundaries must be marked where practical 7.1(b)- What must be marked (each boundary point to be defined by survey must have a boundary mark unless a reliable boundary mark is already in place) 7.2 - new boundary points must be peg with min width of 45mm and at least 3000mm² area or any other mark that is clearly labelled

4. What connection does the approved Resource Consent have with the task of final calculations?

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5. Following final calculations and pegging, what further calculations will be necessary before completing plan work?

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6. Considering independent checks, are hanging lines still liable to gross error? If so what could be the cause and what solutions might you recommend?

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10. Before using adopted work in a final definition decision, what good survey practice procedures should be carried out?

A full and thorough search for any old marks on or around the site.

Define adverse possession and the 3 instances adverse possession can be claimed against a title

A method of acquiring title to real property by possession of land, over a time period. Possession must be actual, open, manifest, exclusive and continuous (as well as undisputed) - Land held under deeds system / limited title (1908 , held over 12 years) - Land held under Land Transfer System in a guaranteed title (20 years) - Land held under Land Transfer System in a title 'limited to parcels'

Q5c) Transposition of numbers Q ceebs writing it out, look at question is 2014 exam

A possible answer for how the the transportation error has been found along two legs of traverse when comparing two plans could have been caused by when the surveyor making the second plan, traversed to the wrong peg. This caused the transportation to happen and cause a discrepancy between the two plans. However, because of hierarchy of evidence the mistake does not have a final impact in the amount of land you actually get. The plan may be wrong but the pegs are in the correct position. The Simpsons salmon analogy comes into play here, saying that what you see is what you get.

Definition of a Easement

A right of use over the property of another An interest which one person has in the land of another - Called a non-primary parcel in Landonline

2010 Rules with respect to: PRM

Adopted mark cannot be PRM, must not be boundary point, made of sufficiently durable material, set in sufficiently stable material, located in a suitable position so that it can be expected to last 50 years

On returning to the office the surveyor will need to carry out computations to enable a continuation or completion of the fieldwork. 5. How should the surveyor deal with any misclosures within the new traverses run?

Apply correction to distribute misclose through legs of traverse evenly.

What is the new name for redefinition parcels and when can they not be completed

Boundary Reinstatement Survey of Lot 18 DP 1234 Cannot be completed when - Limited to parcels / Registered under the Deeds Registration System Act 1908 - When it includes boundaries that are defined by a DOT

What to be considered in "Recalculation of boundaries" CSG 3.11.2

Boundary's recalculated where - incorrectly calculated on the underlying survey dataset - where modern fixes of old marks are outside of current tolerances - A check of the traverse sheets and field notes may reveal a booking, reduction and calculation error

1. In urban situations, what document dictates the vertical limits of buildings, and do all Territorial Authorities adopt the same specifications?

Building height envelopes as outlined in the relevant District Plan. Not all TAʼs adopt the same specifications. Use either average height method or rolling height method

Why should occupation and its age be recorded and shown on plans and field notes?

CSD to include: - The relationship of boundary occupation to any new boundary mark placed. - The nature, description and age of the occupation and its relationship to all boundaries. - Any building or structure within 1m of any new boundaries (including flats or units within 1m of primary parcel boundaries). - Where there is a party wall, the occupation diagram is to also show the width of the wall, any change in width and its position relative to the boundary. - Buildings encroaching over title boundaries are to be accurately fixed and their position clearly shown in relation to the boundary. Measurements are to be shown along the boundaries to the building, and the encroachment should be fully dimensioned using either measurements or calculated offsets. (CSG 6.2.10 - CSD Occupation)

1. Understand the difference between CT and CFR

CT = certificate of title = pre landonline CFR = computer freehold register = post landonline

3 principles of the Torrens System

Curtain - ensures indefeasibility and immunity from attack Mirror - don't need full search of doc. everything recorded on current title Insurance - owner cant be removed from their land by some defect in predecessors title Chap 7 on Torrens System

2. Be familiar with two types of TA specifications and how to apply them

DCC specifications: - Height plane envelope; - Old plan, up 2.5m @ bdy than 45deg. plane. - No higher than 9m, @ 2m from bdy. - Minimum yard sizes; front site needs to have front yard 4.5m and all others 2.0m, rear site needs to have all yards 2.0m lec. 1, slide 11

4. Understand the differences between DCDB data and PEP data, and what population areas have which type, and what coordinate accuracies apply in each type

DCDB = Digital cadastral database - 12 land districts - Seen as SDI (survey data index - used to create quickmap) PEP = Populate electronic parcel - enhance survey control - Regional planning

1. When is it advisable to have a unit title survey?

DEFINITION: Unit title owners own a defined part of a building, such as an apartment, and share ownership in common areas such as lifts, lobbies or driveways. -On any parcel that contains 2 or more dwellings. -For example a flats complex, high rise apartments, commercial workspaces, multiple ownerships -2+ dwellings = unit title

3. Where else did DOT's arise?

Deeds system and applications to bring land under LT Act

What does rule 10.4.3 say about parcel information for a unit title diagram

Diagram must clearly depict the spatial relationship between: - each unit and each other non-primary parcel - each non-primary parcel and the estate boundary L3 - slide 19

2. After calculating final pegging ties, what checks should be carried out? Why?

Does the peg match the age of the original survey plan you are adopting it from?

6. How should the Surveyor deal with any misclosures discovered within the old survey work disclosed on the data obtained?

Double check all your work, look for possible old marks in all positions. Assess in terms of compliance with rule 26 tolerances.

4. What were DOTs used for?

Early - Subdivision (usually one into two) - Easements (incl. Rights of way) Later - Easements

3. Where does the phrase, "be several admeasurments a little more or less" appear?

Every land transfer document

3. There are two common methods of calculating final pegging ties. What are they and what are their relevant advantages and dangers? How can they be checked?

Half angle, through trigonometry. If I have two bearings and a constant standard offset. - Disadvantage is you are making assumptions that the work there is correct..

6. Describe how you would dig for an old peg (circa 1900)

Have a hole of sufficient area as there will most likely be a difference in coordinates. Make sure to scrape bottom of hole so as to find if any of the peg remains are there and so you do not disturb it.

3. What is the purpose of testing 2 marks against a 3rd?

Helps to prove this origin and confirm that there is no disturbance of the origin marks

2. Understand the difference between the 2 types of historical titles

Historical title of the CFR - will show all transactions that have taken place since 1998 Image of the old/original paper documents - CT scanned image

1. Under what circumstances would a client need to 'uplift' limitations from their title?

If they were wanting to increase tenure security or conduct an action that is being restricted by limitation e.g. It must first be uplifted before wanting to do anything with the land such as subdivide

3. When does a mark not have to be ground marked?

If unstable ground or there is an obstacle in the way. If a point that has been required by the rules to be ground marked, but cannot be; -it does not have to be ground marked but, -Must include description about it in CSD and details/dimensions to offsets mark other.

2. When free-holding cross-lease titles, the Landonline pre-validation report has a warning: - Conflict - C203 The following "Comprised in" references do not link to registered parcels in Landonline Explain the reason for this.

In cross lease situations the different occupiers all hold a share in the head title as tenants in common, they do not hold a specific title for their unit so they would not be individual registered parcels in Landonline.

3. Describe the primary data holding agency that should be visited before undertaking a Cadastral Survey and what information does it hold?

LINZ. All data can be accessed online (LoL). Hold all survey records etc.

2. In what circumstance may a ground mark be shorter than ideal

Mark can be shorter than described to avoid coming to contact with underground services. If an obstacle in the way the mark does not need to be monumented on the ground it can be described in the CSD. Can place an offset mark in unstable areas.

5. What is the minimum order of accuracy of the mark that you should connect your survey to if you are within 500m of it?

Minimum 6th order and you would be observing a class A

3 scenarios of monuments accepted with errors, but are still reliable and undisturbed

Minor effect - common boundary difference between 2 surveys. The bearing of the boundary may vary by a few minutes but still accepted of monuments found (occupation) Major effect - blunder of transposing distances (e.g when you place a mark on line between 2 points and put the wrong dist to each of the marks; effects majorly the position of the peg tie from the new mark also e.g upto 5.4m example in class) ?? Don't know other scenario

2. How often has the government paid compensation for claiming relating to a defiancey area?

NEVER. Because no one has been deprived of land because it never existed in the first place. ???? said so in lecture but not sure. However compensations have been made for other reasons such as error in title, fraud and DRL errors.

2010 Rules with respect to: Boundary Marks

New boundary mark must be soundly anchored in place, readily visible where practical. New boundary point must be a wooden peg, chamfered at the top with a minimum width of 45mm and at least 3000mm2 in cross sectional area, or, a post, or, any other type of peg that is clearly labelled as a boundary mark.

6. Can a limited title claim beyond long standing undisputed occupation?

No Limited title can only claim up to the occupation or the boundary; which ever comes first

5. Is length of time in the ground a justifiable reason for not looking for a mark?

No, an old mark, provided it has not been disturbed by earthworks or roading is very capable of lasting 100+ years in an accurate position in the ground.

1. In New Zealand, the State through the Land Transfer Act 1952 and other Statutes controls the Land Title and Survey system to allow security of Title. Does the State guarantee the dimensions and areas shown on certificates of title?

No, the parcel as originally laid out on the ground (and described in your title) is that for which you have a crown "guarantee". This may mean that the dimensions and area on your title may not match the parcel on the ground. The authorities state that when titles are not limited as to parcels they are still not guaranteed as to "areas and dimensions." Fish analogy and "little more or less".

2. Describe what types of document evidence may be useful when conducting a cadastral survey and what they may disclose

Often vital to dig deep into existing; -old plans -old field notes -survey reports etc. Follow in the footsteps of previous surveyors. Useful notes as to positions of old pegs etc can be found.

9. When adopted work is used, what precautions should be made when applying a "blanket" bearing correction?

On large jobs, corrections could be different on either side of the job. Be weary of using LandOnline coordinate joins

What do we locate/ measure for a unit title?

Outside: -outside walls -chimeys, sat. dishes, air conditioning -basements, lift shaft stair well Inside: -internal walls -stairs -determine thickness of ceiling/floor

7. If you found the mark above in a decomposed condition, what would you do regarding maintenance of the cadastre?

Reinstate the peg in the same / correct position making sure to document the reinstatement.

12. What are the legislative requirements to put new work into Geodetic Datum? When is this feasible? What practical limits should be set?

Rule 24 SG rules 2002/2 Rule 24, ensuring that a CSD is in terms of a recognised datum. - A network of cadastral survey data where dist of boundary and dist lines observed is consistent, reliable and sufficiently accurate. Achieved by having well calibrated measuring equipment. - A network of cadastral survey data where orientation of boundary and other observed lines is consistent, reliable and sufficiently accurate. Achieved by having the bearings of as many surveys as possible, in terms of a consistent and accurate geodetic datum.

What rule is relevant to finding old marks?

Rule 6.1 - Rule relating to duty of surveyor. (a) - evidence relevant to definition. (e.g documentary evidence, physical evidence, photographic and oral evidence (b) - interpret evidence with relevant enactments and rules of law. (e.g Cadastral Survey Act 2002, LTA 1952, hierarchy of evidence) Rule 8.2(a) CSD must include: (viii) - an assessment of the adequacy of the number of location of old survey marks used to define boundaries

6. What relationship is there between Sec 62 of the survey act 1986 and the ability of the crown to compensate title holders for deficiency in title?

Sec62: Where an error is found in any survey affecting any title, the Chief Surveyor may, require the surveyor responsible for the error to undertake such work as may be necessary to correct the error. (2) Nothing in subsection (1) of this section shall limit- (a) The powers granted in sections 7 and 46 of the Crown Grants Act 1908: (b) The powers of a District Land Registrar under sections 80 and 81 of the Land Transfer Act 1952, or the provisions of section 1 70 of that Act: (c) The powers of any Court under any enactment. ??

Explain Servient and dominant tenements

Servient Tenement is Subject to the easement, (equivalent to the grantor) Dominant Tenement has the easement appurtenant (benefit) to it (equivalent to the grantee) Grantee - The person to whom a grant is made - the one who acquires property Grantor - The person by whom a grant is made - the one who transfers the property

14. Why do Surveyors want to tie their new work into geodetic control?

So it can sit accurately within the surrounding network and other surveys. Accuracy. Fits into bigger picture.

2. Why is this important with regard to public confidence in the cadastre?

So the public can be satisfied that there are no errors in the survey work in that error and therefore no more work needed to be done so they donʼt need to pay any more money.

1. What is the purpose of a bearing origin?

So your survey can be proved to be in agreement with previous surveys and linked to the surrounding network within allowable tolerances.

15. Why do surveyors want to tie their new work into the surrounding cadastral framework?

So your survey can be proved to be in agreement with previous surveys and linked to the surrounding network within allowable tolerances.

8. Be able to describe how to extract survey data of an area of interest

Spatial search >> select area of interest >> extract data

6. Know the difference between text and spatial searching

Spatial searching = searching in terms of a bigger picture in terms of a map, with layer control. i.e. The whole road or local area Text searching = much more specific, searching for actual document i.e. Searching for CT, DP number, owners name etc

7. Be able to describe the process for transforming specific coordinates of marks and saving such information

Spatial view >> search area of interest >> turn on marks you want >> prepare transformation >> select marks you want to transform >> make sure have all appropriate marks selected >> run transformation >> obtain coordinates >> save as CSV file (Relates to CRS 1 feature - transform coordinates CRS 2 feature - LandXML file of all observations from previous surveys)

9. Understand what is meant by SDC areas, how such marks are indicated, and the relationship to Rule 26 of the S-Gʼs Rules 2002/2

Survey-accurate Digital Cadastre creates a framework of reliable geodetic control which there is interconnection between surveys and allowing regular upgrades with new surveys. The SDC was a result of PEP program in upgrading DCDB in selected districts and main centers. SDC marks are indicated in landonline with a purple circle. SDC is tested as to conform with SG rules of 0.04m + 0.01/100m in terms of its accuracy.

4. What are the legislative requirements to obtain all possible data?

Surveyor must examine all information (relevant docs) from: - Chief Executive - Registrar General - Maori land court In relation to all land being surveyed and all adjacent land.

2. Why should terminal marks always be searched for when 'breaking into' an established straight line boundary

Terminal marks tended to define street corners, hence by using a longer line to establish initial bearings, the error incorporated into the survey may be less.

4. What is a common failing and consequential tendency by surveyors as commented on by the Survey Board?

That they do not complete the necessary searching for old marks and instead have a tendency towards adoptions and calculations.

5. Under landonline, the term "a little more or less" has changed slightly. Is the change significant?

The area of your title does not always reflect the actual occupied area. Therefore it is a little more a little less

3. In completing a definition, a surveyor is often required to resort to using a mathematical solution. What should the resulting definition be constrained by?

The definition should be constrained by higher evidences which hold greater weight, along with the accuracies available on the previous surveys which the calculations may be based.

7. Where the occupation boundaries of a limited title are inside the documentary boundaries, which should be taken as the final boundary? Are there expectations?

The limited title may claim up to the title boundary or up to the occupation whichever is the least. The exception is when the neighboring lot is also limited to title and occupation is of the requisite age, then the occupation must be pegged.

3. Describe what field evidence may be found and used for definition

Things like old pegs probably best things to find. Also long standing fences proving boundaries etc.

5. What is topology and topology fixing?

Topology = describes the make up of space. It describes how the boundary points and dimensions are linked together to create polygon parcels. Topology fixing = process whereby these parcels are given context within the cadastre. - All boundary points/nodes are linked to 2 parcels. Each boundary line belonging to exactly 2 parcels. No parcels overlap each other and there are no gaps between parcels.

6. Know the different methods of presenting unit plan information in Landonline

Traditional D15 form that has been in use from 1972 - All certificates on face of plan - Plan then scanned and submitted as tif image or Diagrams to scale but certificates in separate documents

In completing the computations, survey information from previous plans may need to be adopted. 8. When using adoptions, does the old traverse information or the old boundary information hold priority? Why?

Traverse information holds priority and should be adopted first. This eliminates calculation errors in old plans.

2. What legislation covers unit titles?

Unit Titles Act 2010 Formerly Unit Titles Act 1972

4. What is the best way of determining if there is any old cadastral to geodetic correction to be applied to bearings on a previous survey?

Use 3 marks, this will get a check on the bearing correction. It is most desirable to traverse through to obtain a direct observation comparison. Compare observed bearings to plan bearings.

3. If your metal detector batteries go flat, how would you find a traverse mark using the information (peg ties and occupation notes) on the survey plan of the lot you were subdividing?

Using occupation diagram, there should be information as to offsets from features in the area and if the mark is flush with surface or the depth under ground etc.

1. Explain the difference between a witness mark and a PRM by form and function

WITNESS: -Witness mark allows a person to check if other marks have moved. -Every boundary point in a survey must be witnessed by at least 1 witness mark. -Class A: within 150m Class B: within 500m -Expected to remain undisturbed for up to 10 years. PRM: -every survey that includes a witness mark must include 2 PRMS. -This is so that there are some marks in the survey that are 50 years old. -Class A: Two PRMS within 300m of any boundary peg -Class B: Two PRMS within 500m -Witness marks are required to have such physical attributes and be placed in such locations that provide a reasonable assurance that they should remain undisturbed and remain useable for at least 10 years. Cannot be an adopted mark. -Main difference is that the form of a witness mark is highly prescribed i.e. Must be ferrous mark at least 12mm in diameter, 500mm long. Control mark just has to be large enough and long enough to be reasonably durable and stable.

3. Is there other evidence that may need to be considered?

What titles are the surrounding properties. 2 limited titles adjoining will have different rules compared to limited beside a full title. Time of occupation and possession of title will also factor in.

3. What are primary source material

What you can access from Landonline - survey plans, titles, filed notes, traverse sheets, survey reports

What does a hydro parcel relate too

When land is being claimed under reclamation or lost due to erosion The survey is classed as a hydro parcel (residue parcel)

Q5a) Related to the hierarchy of evidence, specifically mathematical calculations of boundaries from adoptions and original monuments in the ground, and how the two are related, and why the monuments in the ground take precedence.

While the calculations represent a theoretical position of the pegs, the monuments (pegs in the ground) are the true reflection of the surveyors actions and were the boundary is actually defined. 1. natural boundaries 2. monumented boundaries 3. occupation 3. abbutals 4. calculations People buy land what what they can physically see, and if they can see the peg in the ground in a certain position, this is what they expect to get and will occupy it accordingly. Salmon analogy: If someone sells you a salmon saying it weighs more than what it actually does, you have been frauded. But if you take a fish to get weighed to sell and it is weighed less than what is actually is, you are not frauded because what you see is what you already have a mistake has just been made. Therefore, this hierarchy of evidence allows everyone gets what they see and nobody is defrauded by a minor errors by the surveyor. It is not appropriate to later move the boundary based on a calculation. This will result in the occupation being disturbed.

10. The following adopted non-boundary observations have dimensions that could not be verified by Landonline (check the bearing / distance against the source plan). - 4 to 9 and 4 to 10 Explain why this occurs - is it a problem?

Will be due mark 4 being placed between marks 9 and 10. Marks 9 and 10 will be LoL database but 4 will be new. Relates to topology as boundary lines cant be on top of each other.

7. As a cadastral surveyor, is it in the interests of you and/or your clients for the "more-or-less" statement to appear?

Yes, generally makes the survey more easy so less money for your client and less work for you as you are not looking for such high accuracy's.

8. Is a survey always necessary to uplift limitations from a title?

Yes. A lot of LT titles have never been surveyed properly, just surveyed in large blocks.

4. What would the survey requirements be in order for you to calculate a building height restriction for electrical conductors over a residential subdivision?

You would first fix the power columns and the cable connection points. This would give you a bearing and distance of cable lines. You could then measure verticals at the various points along the line. It is important to consider different temperatures as power cables will sag under different temps.

what is rule 4.1 (a)?

every bearing, new parcel or point must be orientated in terms of an offical geodetic projection for that area.

6. Illustrate with a diagram how you would bring your subdivision into NZGD 2000 by adoption

show how you tie to your origin mark