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Land Transfer Act 2017

Land title and registration - Title to land - Alteration of register in cases of manifest injustice

54: Application to court for order for alteration of register

You could also call this:

"Apply to court to fix land ownership mistakes"

Illustration for Land Transfer Act 2017

You can apply to the court to change the land register if you have been unfairly deprived of land or have suffered loss. This can happen if someone else has been registered as the owner of your land due to a void or voidable instrument. You must apply to the court within six months of finding out about the issue. You will need to serve notice of your application to the Registrar and the registered owner of the land. You must also serve notice to anyone else who has an interest in the land, as noted on the register. The court may also tell you to serve notice to other people. You can apply under section 55 for an order to change the register. You should check the rules about applying to the court for an order under sections 55 to 57. The court will consider your application and make a decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6731186.

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Part 2Land title and registration
Title to land: Alteration of register in cases of manifest injustice

54Application to court for order for alteration of register

  1. This section and sections 55 to 57 apply to a person (person A) who—

  2. has been deprived of an estate or interest in land by the registration under a void or voidable instrument of another person (person B) as the owner of the estate or interest in the land; or
    1. being the owner of an estate or interest in land, suffers loss or damage by the registration under a void or voidable instrument of another person (person B) as the owner of an estate or interest in the land.

      1. Person A may apply to the court for an order under section 55.

      2. An application for an order must be made not later than 6 months after person A becomes aware, or ought reasonably to have become aware, of the acquisition of the estate or interest by person B.

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

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