Birdlings Flat Land Titles Act 1993

  • repealed
  • Birdlings Flat Land Titles Act 1993: repealed, on 14 November 2018, by section 338 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).

Preamble

Whereas—

(a)

freehold land at Birdlings Flat described in the Schedule (hereinafter referred to as the Birdlings Flat land) is held in one block in the names of the individual co-owners:

(b)

the Birdlings Flat land was purchased on 23 October 1957 as an estate in fee simple as to 57 undivided one fifty-seventh shares:

(c)

the certificates of title issued to the co-owners by the Land Registry Office were for undivided shares in the whole of the Birdlings Flat land, the method of purchase was at the lowest cost and a subdivision into separate ownership in fee simple titles was not attempted because of the cost and the then applicable subdivisional requirements:

(d)

the area includes an established settlement of dwellings, outbuildings, roads, and access ways:

(e)

the Birdlings Flat land is in excess of the area originally occupied by the co-owners due to the requirement that the minimum area for a rural subdivision was 10 acres at that time:

(f)

the shares in the ownership of the Birdlings Flat land together constituting an informal trust ownership of dwellings and outbuildings has by custom and pursuant to that trust remained the personal property of the individual co-owners but is not included or shown on the title deeds or defined in any formal way:

(g)

no equality of areas occupied by co-owners or value of ownership shares has ever existed and the areas occupied by co-owners and access ways have substantially altered over the years:

(h)

the co-owners historically occupied and erected buildings which encroached on Crown grant road:

(i)

there exists a history of disputes regarding boundaries, and disputes are incapable of being resolved due to the lack of legal definition of the occupied areas:

(j)

various plans have been prepared by the co-owners, a registered surveyor, and the Wairewa County Council and generally show the occupation of the Birdlings Flat land and the areas unoccupied divided into roads, access ways, and unused land areas:

(k)

it is desirable that—

(i)

subdivision of the Birdlings Flat land be effected and separate certificates of title be issued to formalise the existing occupations; and

(ii)

certificates of title for the 57 occupied sections be issued to the co-owners; and

(iii)

certificates of title be issued for the areas presently unoccupied and that the surplus sections be sold to defray the costs of subdivision and sale, and other costs arising, and that any surplus sale money be divided among the co-owners; and

(iv)

provision be made for the appointment of a Commissioner to resolve any disputes as to boundaries, supervise the completion of title formalities and the sale of surplus sections, and to settle accounts:

(l)

the objects of this Act cannot be achieved otherwise than by legislation.