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Heritage Listing; Does it Need to Involve All of a Title

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Customer Query:

A client sought our advice concerning his desire to undertake the possible subdivision of his property to reduce the area that was to be Heritage Listed. The Heritage value lay only in a cottage that occupied 10% of his title. The Heritage Council sought to List the whole title!

Our Thoughts:


In general terms the land to be listed as Heritage needs to be defined by a registered survey plan lodged in the Central Plan Office. It is cost prohibitive for the Heritage Council to prepare such a plan and accordingly they move to register the listing on the whole title, as the listing must relate to a DEFINABLE parcel of land. Land owners are rarely aware that for this reason the WHOLE of their existing title is listed (as a title is already represented by a plan registered at the Central Plan Office).


We sought clarification from the Heritage Council that they would be prepared to accept a plan prepared by this office and lodged and reistered at the LTO reflecting the cottage and it's necessary surrounds. 

The end result is a Heritage Listing on the building that needs protecting, the balance of the clients land left free of such listing.

So a parcel of land can be described for such a purpose similar to a Real Estate Sale; ie "All that piece or parcel of land being part of Certificate of Title xxxxxx and more particularly described by a plan of Survey lodged at the Lands Titles Office prepared by Surveyor T S Cromer dated being Plan XXXXXXX"