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Land Transfer Act 2017

Dealings in estates and interests in land - Statutory land charges

120: Release of charge

You could also call this:

"How to remove a charge from a piece of land when it's been paid off"

Illustration for Land Transfer Act 2017

You can lodge a certificate to release land from a registered charge. The certificate must contain the right information and be signed by the person who benefits from the charge. You can ask the Registrar to release the charge if it has been paid and you cannot get a certificate. You need to apply to the Registrar to release the charge. The Registrar will check if the charge has been paid and if it is impossible to get a certificate. The Registrar can release the charge if they are satisfied with the information. The Registrar's decision is based on the information you provide. You can find more information by looking at s 7. This will help you understand the process of releasing a charge.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6731272.

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119: Priority of charge, or

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Part 3Dealings in estates and interests in land
Statutory land charges

120Release of charge

  1. A certificate of release of charge may be lodged with the Registrar to release any land from the whole or part of a registered charge.

  2. The certificate must—

  3. contain the prescribed information; and
    1. be executed by the person entitled to the benefit of the charge.

      1. The Registrar may, on application by the registered owner of land against which a charge is registered, release or partially release the charge if satisfied that—

      2. the charge has been wholly or partly satisfied; and
        1. it is impossible or impracticable to obtain a certificate for the purposes of subsection (1).

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