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Land Transfer Act 2017

Land title and registration - Title to land

52: Exceptions and limitations

You could also call this:

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

Illustration for Land Transfer Act 2017

You have a title to a piece of land, but it is not absolute. Your title is subject to some exceptions and limitations. These exceptions include if you got the land through fraud, or if someone else had a valid claim to the land before you. Your title can also be affected by errors in the record of title, such as incorrect descriptions of area or boundaries. You should also know that your title can be affected by easements that are not included in the record of title. Nothing in this section affects what is said in section 54. This means that section 54 still applies, even if some exceptions and limitations apply to your title. The rules about exceptions and limitations are similar to rules in other laws, such as sections 62 and 63(1).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6731182.

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

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Part 2Land title and registration
Title to land

52Exceptions and limitations

  1. The title of the registered owner to an estate or interest in land is subject to the following exceptions and limitations:

  2. in a case where the title of the estate or interest of the registered owner is acquired through fraud on the part of the registered owner or the registered owner's agent:
    1. an estate or interest registered or noted on the record of title at the time of registration:
      1. the estate or interest of a person having a valid claim to the same estate or interest under a prior record of title:
        1. the estate or interest of another registered owner that has been included in the record of title as a result of an incorrect description of area or boundaries:
          1. an easement omitted from, or incorrectly described in, the record of title regardless of whether the easement was created before or after the land was brought under this Act.

            1. Nothing in this section limits section 54.

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