Land tenure, land transfer and title boundary issues
Torrens title
New Zealand uses the Torrens system under the Land Transfer Act 2017. Title is by registration, and the registered proprietor title is indefeasible except for fraud and limited statutory exceptions. The legal boundary is the boundary in the approved CSD and title plan, not the fence. A CSD is the survey evidence; registration gives it title effect.
Tenure types
General land, Maori freehold land, Crown land, cross-lease and unit title are different tenure regimes. Cross-leases and unit titles add undivided shares and exclusive-use areas, so the surveyor must distinguish the legal boundary from the occupation area. Limited-as-to-parcels titles may require a survey before a boundary can be guaranteed.
Worked example
A garage encroaches 0.3 m over a boundary. The neighbour title is indefeasible, so long occupation does not transfer the strip. The surveyor defines the legal boundary from the CSD; the parties may negotiate an easement, boundary adjustment or sale. The surveyor must not redraw the boundary to match the garage without a proper legal process.
Traps
Confusing the title diagram with the survey plan; assuming adverse possession applies to Torrens land; treating a cross-lease flat as a separate parcel; and ignoring easements or covenants that burden the title.