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Land Transfer Act 2017

Dealings in estates and interests in land - Transfers, transmissions, and vesting - Transfers of estates and interests

73: Transfer of estates and interests

You could also call this:

"How to transfer ownership of land or property in New Zealand"

Illustration for Land Transfer Act 2017

You need to use a transfer instrument to register the transfer of an estate or interest in land. This instrument must contain the prescribed information. You must execute the transfer instrument as the registered owner of the estate or interest. You can use a transfer instrument to register other things, such as a life estate with successive future estates. You can also use it to register an easement or a profit à prendre, or the surrender of one. A transfer instrument can note a covenant on the register under certain sections, such as section 307 or 307F of the Property Law Act 2007. You can use a transfer instrument to note the assignment of the benefit of a covenant in gross under section 307F of the Property Law Act 2007. This helps with registering transfers of estates and interests in land. You can find more information under section 76, section 108, and section 116.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6731222.

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Part 3Dealings in estates and interests in land
Transfers, transmissions, and vesting: Transfers of estates and interests

73Transfer of estates and interests

  1. A transfer instrument must be used in order to register the transfer of an estate or interest in land under this Act.

  2. A transfer instrument must contain the prescribed information.

  3. A transfer instrument must be executed—

  4. by the registered owner of the estate or interest; and
    1. in the case of a transfer instrument that contains covenants binding on a person, by that person.

      1. To avoid doubt, a transfer instrument may also be used in order to—

      2. register under section 76 a life estate with successive future estates or any other freehold estate that terminates when a future event happens:
        1. register under section 108 an easement or a profit à prendre or the surrender of an easement or a profit à prendre:
          1. note on the register under section 116—
            1. a covenant to which section 307 or 307F of the Property Law Act 2007 applies, on registration of a transfer instrument that transfers an estate or interest in land and provides for the covenant; or
              1. the assignment of the benefit of a covenant in gross to which section 307F of the Property Law Act 2007 applies.

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