Do you own all of the land you think you own?

The impact of Part 4A of the Conservation Act and marginal strips

For landowners whose titles state "Subject to Part IVA Conservation Act 1987," it can come as a surprise to discover they may not own all of the land they think they do.

That title notation refers to Part 4A of the Conservation Act 1987, which deals with marginal strips.

A Part IVA notation appears on titles where land has been sold or otherwise disposed of by the Crown, regardless of whether a waterbody was present. Where the land adjoins a qualifying waterbody, however, a marginal strip may have been created. A marginal strip is generally a 20-metre-wide strip alongside the waterbody that is retained by the Crown and administered by the Department of Conservation (DOC).

The tricky part? A Part IVA notation doesn't necessarily mean a marginal strip exists, and where one does exist, it may not be obvious from looking at the title. In fact, the marginal strip can appear to be included within the title diagram and area, despite the strip itself being Crown land. For anyone looking to develop the property, that distinction matters. A proposed building, accessway, earthworks or infrastructure could potentially extend into land you don't actually own. Working out whether a marginal strip exists, and how it affects a property, often means investigating the title, survey history and adjoining waterbody, a job for a Licensed Cadastral Surveyor.

The good news is that Part 4A doesn't necessarily prevent development. When identified early, there may be opportunities to design around the marginal strip, or where interaction with it is unavoidable, to work with DOC to determine what approvals may be required. Importantly, any DOC approval is a separate process from the resource consent approvals that may be required for the development.

If you're buying land, considering a subdivision, or planning development near a waterbody, it's worth understanding what you actually own before you start designing around it.

At Woods, our surveying and land development specialists can investigate the interests affecting a property, determine whether Part 4A may have an impact, and help you understand what that means for your development.

Not sure what that Part IVA notation on your title means? Talk to a surveyor before it affects your development.

Kendall Reid
General Manager, Survey | Licensed Cadastral Surveyor