Land Transfer Act 2017

Land title and registration - Land title register - Qualified records of title

18: Effect of qualified record of title

You could also call this:

"What happens when there are conditions on a property's title"

Illustration for Land Transfer Act 2017

You have an estate with a qualified record of title. The Land Transfer Act 2017 applies to this estate, but with some exceptions. The title of the registered owner has some conditions on it. You need to know that some people cannot challenge the title because of these conditions. These people are those who have been registered owners of the estate while it had these conditions. There may be other rules that apply if the title is qualified due to specific circumstances. The rules that apply are outlined in the regulations, which you can find out more about by looking at the related section. The Land Transfer Act 2017 still applies, but it considers these special circumstances. This means the Act works a bit differently for estates with qualified records of title.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6731128.

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17: Qualified record of title, or

"A title is 'qualified' when the land boundaries are not clearly defined."


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19: Removal of qualification, or

"Removing a condition from a land title record"

Part 2Land title and registration
Land title register: Qualified records of title

18Effect of qualified record of title

  1. The provisions of this Act apply to an estate for which there is a qualified record of title, except that—

  2. the title of the registered owner of the estate, or of an estate or interest affecting that estate, is subject to the qualification; and
    1. the only persons who cannot, because of the qualification, set aside the title of the registered owner of the estate, or of an estate or interest affecting that estate, are persons who are or have been registered owners of any of those estates or interests while subject to the qualification; and
      1. if the title is qualified because of a circumstance prescribed by regulations, the provisions of this Act apply subject to anything specified in those regulations.
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