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Land Transfer Act 2017

Dealings in estates and interests in land - Leases

91: Lease instrument required to register lease

You could also call this:

"To register a lease, you need a special document with all the right information."

Illustration for Land Transfer Act 2017

You need to use a lease instrument to register a lease of land. The lease instrument must have the prescribed information in it. You must get the lease instrument signed by the lessor and the lessee. You also need to get consent from any registered mortgagee before you can register the lease instrument. This consent affects the mortgagee and anyone who gets an interest in the mortgage later. The relevant sections have more information about this.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6731233.

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Part 3Dealings in estates and interests in land
Leases

91Lease instrument required to register lease

  1. A lease instrument must be used in order to register a lease of land under this Act.

  2. The lease instrument must contain the prescribed information.

  3. The lease instrument must be executed by—

  4. the lessor; and
    1. the lessee.

      1. The consent of a registered mortgagee of an estate or interest in land to be leased must be obtained before registration of a lease instrument.

      2. The consent referred to in subsection (4) binds the mortgagee and every person who subsequently derives an interest in the mortgage from the mortgagee.

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