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Land Transfer Act 2017

Land title and registration - Land title register - Instruments lost before registration or notation

45: Instruments lost before registration or notation

You could also call this:

"What to do if papers proving land ownership are lost or destroyed"

Illustration for Land Transfer Act 2017

You can claim to be the owner of land if you have an instrument that says so. You can apply to the court if the instrument is lost or destroyed. The court will decide if you are entitled to be registered as the owner. You must tell the Registrar and the current owner of the land about your application. You must also tell any other people the court says you must tell. The court can order the Registrar to register you as the owner if they believe you. They can also make any other order they think is right. The court must send a copy of their order to the Registrar.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6731166.

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Part 2Land title and registration
Land title register: Instruments lost before registration or notation

45Instruments lost before registration or notation

  1. This section applies to a person who claims—

  2. that an instrument entitles the person to be registered as the owner of an estate or interest in land or to be noted on the register as a person entitled to an interest in the land; and
    1. that the instrument, or an authority required for its registration or notation, has been lost or destroyed or that no record of it can be found.

      1. The person may apply to the court for an order that the person is entitled to be registered as the owner of the estate or interest or to be noted on the register as a person entitled to the interest.

      2. The applicant must serve notice of the application on—

      3. the Registrar; and
        1. the registered owner of every estate or interest in the land and every person noted on the register as being entitled to an interest in the land; and
          1. any other persons as the court directs.

            1. The court may, if satisfied that the person's claims are correct,—

            2. order the Registrar to register the person as the owner of the estate or interest or to note on the register that the person is entitled to the interest; or
              1. make any other order the court thinks fit.

                1. The Registrar of the court must serve a copy of the order on the Registrar.

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