Land Transfer Act 2017

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

76: Life and other limited freehold estates

You could also call this:

"Registering life estates and other limited ownerships of land"

Illustration for Land Transfer Act 2017

You need to use a transfer instrument to register certain freehold estates. This includes a life estate with successive future estates or any other freehold estate that ends when a future event happens. The registered owner of a fee simple estate must use this instrument. When the transfer instrument is registered, the Registrar must cancel the record of title for the fee simple estate. They must create a new record of title for the life estate or other freehold estate in the owner's name. They must also record the interests of people entitled to future estates. If you become vested in possession of a future estate, you can apply to the Registrar. They will cancel the record of title for the life estate or other freehold estate. They will create a new record of title for the estate in your name, as seen in https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM270679

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6731225.

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

76Life and other limited freehold estates

  1. A transfer instrument must be used by the registered owner of a fee simple estate in order to register the following freehold estates:

  2. a life estate with successive future estates; or
    1. any other freehold estate that terminates when a future event happens.
      1. On registration of the transfer instrument, the Registrar must—

      2. cancel the record of title for the fee simple estate; and
        1. create a new record of title for the life estate or other freehold estate in the name of the owner of the estate; and
          1. record on the new record of title the registered interest of every person entitled to a future estate.
            1. The Registrar must, on application by a person who becomes vested in possession of a future estate,—

            2. cancel the record of title for the life estate or other freehold estate; and
              1. create a new record of title for the estate in the name of that person.
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