SURV306 Questions & Answers
Caveat
"Let Him Beware" - a warning which protects existing rights, a note recorded on a title that makes notice for some issue with that title, for example: can be used to acknowledge adverse possession so that the adverse possessor cannot sell or trade the property.
...
adverse possession the occupation of land inconsis
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SURV306 Questions & Answers
Caveat - answer "Let Him Beware" - a warning which protects existing rights, a note
recorded on a title that makes notice for some issue with that title, for example: can be
used to acknowledge adverse possession so that the adverse possessor cannot sell or
trade the property.
Adverse possession - answer the occupation of land inconsistent with the rights of
the true or documentary owner. Such possession entitles the occupier to be protected
against all who claim the land but cannot show a better title.
Adverse Possession Criteria (4) - answer Actual
Open and Manifest
Exclusive
Continuous
Describe Actual wrt Adverse Possession - answer Not just now and then, it must be
real possession
Describe Open and Manifest wrt Adverse Possession - answer Openly possessing
the land such that if someone drove past the lot everyday they would notice that
someone was occupying the land
Describe Exclusive wrt Adverse Possession - answer Not used by others
Describe Continuous wrt Adverse Possession - answer Subjective; continuity
depends on the use of the property, eg. a farm paddock may only be used intermittently
No application for Adverse Possession can be made on what types of land? (5) -
answer -Crown land
-Maori Land
-Local Authority owned land
-Land held in a trust for public purposes
-Land occupied because the fence is not on the common boundary or because the
natural boundary has moved.
When an application for Adverse Possession is made what are the Registrar Generals
actions? (2) - answer -Publishes notice twice in local newspaper, and gives notice to
anyone shown to have an interest in the land, as far as practicable
-fixes a date further away than a month but closer than a year for anyone to lodge a
caveat
, If no caveat lodged, or caveats have been withdrawn what does the RG need before
issuing a new CT and cancelling the old one (2) - answer - A certificate from a
surveyor that the boundaries occupied coincide with the title boundaries
- A deposited plan of the land claimed
What happens in an adverse possession case when the land is limited as to parcels?
(3) - answer - the parcel is treated as land not under the Land Transfer Act and as if
the title was never issued
- the adverse possession must have begun before the first issue of the title and be
proved for 12 years
-then the claim comes under the Limitations Act 1950 s.200
Heritage New Zealand Pouhere Taonga Act 2014 replaced what legislation? - answer
Historic Places Trust Act 1993
What does placing a building on the NZ Heritage list do? - answer Acknowledges the
significance of the building
What type of sites can be protected by the Heritage NZ Act 2014? (6) - answer
places
areas
sites
structures
archaeological sites pre-1900
significant sites for maori
Wahi Tapu - answer A sacred place for Maori due to its spiritual, traditional or
mythological importance
what was the 1993 Act timeline for an archaeological assessment and what is the
timeline now? - answer 1993 there was no timeline
2014 Act - 5 WD to accept or decline application, 20-25 to decide, 30 for sites with
maori significance, 40 WD maximum.
The decision made by the regional archaeologist as to declare a site historically
significant (and therefore protected) or not depends on... (4) - answer Heritage value
of the site
purpose and principles of the act
relationship of Maori to the site
Interests of people directly affected by the decision
What Act defines the powers of authorities to acquire land? - answer Public Works
Act 1981
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