A plan of delimitation removes the limitation placed on title pursuant to section 28 of the Real Property Act. Current Government policy is to convert all Old System parcels to Real Property (Torrens title) land. The mechanism to achieve this is contained within the Real Property Act which basically allows for a limited and qualified title to be issued.

Qualification refers to the chain of title, whilst limitation refers to the position of the boundaries of the land. A qualification will remove itself (upon application to the LPI) after a period of 12 years or 6 in the case of a transfer for market value.

Limitations can only be removed by the preparation of a plan of survey and its registration at the LPI.

A plan of delimitation can not claim boundaries outside the deed description nor can it claim land that has not been occupied for a minimum period of 12 years.

The preparation of these types of plans can often lead to the creation of an Hiatus. These hiatii are really residue parcels of land and may be claimed by the occupier of the land in general terms.

This issue can be confusing to those involved in the process and sound advice is required when dealing with you land holding. In some cases, in order to have title to what you occupy and consider yours, you will be required to undertake a primary application rather than delimitation.

We have been preparing these types of plans for many years and have considerable experience in this field of urban surveying.

If you need advice or wish to obtain additional information on this tricky issue, please feel free to call us for an obligation free discussion.

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