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5: Fencing covenants and agreements registrable
or “How to make sure fencing agreements stay with the land when it's sold”
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“Fencing agreements registered with the government end after 12 years”

When you register a fencing covenant under the Land Transfer Act 2017, it will only last for 12 years. This also applies to fencing covenants that were registered under the old Land Transfer Act 1952 before this new law came into effect. In those cases, the 12-year period starts from when this new law began.

However, this 12-year limit doesn’t apply to special fencing covenants. These are agreements that protect local authorities (like your city council) from having to pay for fences between public reserves they look after and nearby private land.

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Next up: 7: Creation of fencing covenants

or “How to make a promise about fences when buying land”
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Part 2 Agreements

6Registration of fencing covenants to expire after 12 years

  1. Where a fencing covenant is registered under the Land Transfer Act 2017 after the commencement of this Act, or where a covenant, agreement, or proviso (being a fencing covenant within the meaning of this Act) was registered under the Land Transfer Act 1952 before the commencement of this Act by virtue of section 7 of the Fencing Act 1908, the registration of the covenant, agreement, or proviso shall expire after the expiration of 12 years from the date of the registration or the date of the commencement of this Act, whichever is the later.

  2. Nothing in subsection (1) applies in respect of a fencing covenant that protects a local authority from liability to contribute towards any work on a fence between a public reserve vested in or administered by that local authority and any adjoining land.

Notes
  • Section 6(1): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).