Land Transfer Act 2017

Land title and registration - Title to land

51: Title by registration

You could also call this:

"Having a secure title to a piece of land means you own it and it's protected by law."

Illustration for Land Transfer Act 2017

When you are registered as the owner of a piece of land, you get a title to that land that is secure. You cannot lose this title, and it is protected by law. The title is also free from any other interests in the land that are not registered. If someone else has an interest in the land that is not registered, it does not affect your title. This means you have full ownership of the land, and no one can take it away from you because of an unregistered interest. However, there are some exceptions to this rule, which are outlined in sections such as sections 52 to 56, subparts 1 and 3 of Part 4, and section 204. It does not matter how you got the land, you still have a secure title. You might have bought the land or got it from someone who does not really exist. Either way, your title is protected, but the court can still make decisions about you personally. The court's ability to make decisions about you is not affected by this law. This law is only about the title to the land, not about what the court can do. It is a way to make sure that when you own a piece of land, you have full control over it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6731181.

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50: Registers under other Acts, or

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52: Exceptions and limitations, or

"When your land title is not absolute: exceptions and limitations"

Part 2Land title and registration
Title to land

51Title by registration

  1. On registration under this Act of a person as the owner of an estate or interest in land, the person obtains a title to the estate or interest that cannot be set aside.

  2. The title of the registered owner is free from estates and interests in the land that—

  3. are not registered or noted on the register; or
    1. are not capable of being registered or noted on the register.
      1. Despite subsections (1) and (2), the title of the person registered as owner of the estate or interest is subject to—

      2. the exceptions and limitations in sections 52 to 56, subparts 1 and 3 of Part 4, and section 204; and
        1. any enactment other than this Act that overrides or limits the title.
          1. Subsections (1) and (2) apply whether or not the registered owner acquired the estate or interest—

          2. for valuable consideration; or
            1. from a fictitious person.
              1. Nothing in this section affects the in personam jurisdiction of the court.

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