Build Path NZResidential construction and development, made clear.

Legal

Title issue

This can change development yield, consent pathway, purchase price, funding, construction cost, settlement timing, or legal risk. Treat it as a decision point, not background noise.

Due diligence / settlementHightitlelegalrecord of titlesurvey

What it looks like

  • Lawyer identifies unexpected interests, restrictions, ownership issues, or title requirements.
  • Surveyor says legal boundaries or interests do not match assumptions.

Likely causes

  • Incomplete title review
  • Old instruments
  • cross lease/unit title complexities
  • unregistered interests
  • boundary assumptions

Immediate action

  1. 1Pause the affected decision or commitment until the issue is understood.
  2. 2Record the issue in the risk register with date, source, owner, and next action.
  3. 3Send the relevant documents to Lawyer, Surveyor, Developer and ask for written advice.
  4. 4Update feasibility, programme, budget, and decision register if cost, time, yield, consent, title, finance, or sales assumptions may change.

Step-by-step solution

  1. 1Define the problem in one sentence and identify which project decision it affects.
  2. 2Check the controlling documents: Record of Title, Instruments, Survey plan, Sale agreement, and related project records.
  3. 3Ask the responsible professional to confirm whether the issue is real, minor, manageable, or project-changing.
  4. 4List the available options: redesign, renegotiate, seek consent, add cost allowance, change programme, change sales strategy, or abandon.
  5. 5Price and programme each option using the current feasibility model.
  6. 6Make a written decision with source references and approval from the developer or project owner.
  7. 7Notify affected parties such as lender, lawyer, consultants, builder, agent, buyer, or council when required.

What not to do

  • Do not rely on a seller, agent, or builder comment when a planner, lawyer, accountant, engineer, surveyor, valuer, lender, or council needs to confirm it.
  • Do not hide the issue from the feasibility just because the project looked profitable yesterday.
  • Do not waive due diligence, lodge consent, sign a contract, approve a variation, or promise settlement while the issue is unresolved.
  • Do not give legal, tax, finance, planning, engineering, or council advice to others unless a qualified professional has confirmed it.

Source / Where to check

Use LINZ, a lawyer, and a licensed cadastral surveyor to verify Record of Title, legal description, interests, easements, covenants, consent notices, survey plans, and boundary/title matters.

Relevant professional advice

Planner, surveyor, architect, engineer, quantity surveyor, lawyer, accountant, lender, valuer, real estate agent, and other project specialists must confirm site-specific decisions.

Cost impact

High if it affects build area, saleability, subdivision, finance, or settlement.

Programme impact

Medium to high depending on legal resolution.

Risk level

High

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