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Building Act 2004

Building - Building work—Project information memoranda and building consents - Limitations and restrictions on building consents: Construction of building on 2 or more allotments

80: Records of title for 2 or more allotments subject to registered instrument

You could also call this:

“When multiple pieces of land have special rules, those rules apply to all the land together.”

This part of the law talks about what happens when you have two or more pieces of land that are connected by a special note. Sometimes, one of these pieces of land might have a separate agreement on it. This agreement could give someone the power to sell the land, renew a lease, or buy the property. However, because of section 79, they might not be able to use this power.

If this happens, the law says that the agreement will now apply to all the pieces of land together, not just the one it was originally for. It’s as if the agreement was put on all the land at the same time as the special note. This means that all the powers, rights, and responsibilities in the agreement now cover all the pieces of land.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM306828.

Topics:
Housing and property > Land use
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79: Effect of entry recorded on record of title, or

“When a note is made on land records, you can't sell or rent parts of the land separately.”

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81: Mortgage or charge has priority over registered instrument, or

“Older loans or debts on land are more important than newer ones when building across different pieces of land.”

Part 2 Building
Building work—Project information memoranda and building consents: Limitations and restrictions on building consents: Construction of building on 2 or more allotments

80Records of title for 2 or more allotments subject to registered instrument

  1. This section applies if—

  2. an entry referred to in section 78(1) is made on 2 or more records of title; and
    1. any of the land less than the whole of the land comprised in all those records of title is, at the time the entry is recorded, independently subject to a registered instrument under which a power to sell, a right of renewal, or a right or obligation to purchase is lawfully conferred or imposed; and
      1. that power, right, or obligation referred to in paragraph (b) becomes exercisable but is not able to be exercised or fully exercised because of section 79.

        1. The whole of the land comprised in all those records of title is taken to be subject to the registered instrument and all the powers, rights, and obligations under the instrument, as if the instrument had been registered against the land at the time the entry is recorded.

        Compare
          Notes
          • Section 80 heading: amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
          • Section 80(1)(a): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
          • Section 80(1)(b): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
          • Section 80(2): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).