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Land Transfer Act 2017

Dealings in estates and interests in land - Caveats

138: Caveats against dealings with land

You could also call this:

"Stopping someone from dealing with land you have an interest in"

Illustration for Land Transfer Act 2017

You can stop someone from dealing with a piece of land by lodging a caveat against dealings. You can do this if you claim to own the land or have a beneficial interest in it. You can also do this if you are transferring the land to someone else to hold on trust. You can lodge a caveat against dealings if you are the registered owner of the land and have a special interest in it. You can also do this if you think someone might try to take the land from you by fraud. The person lodging the caveat or their agent must sign the document. The document must include certain information. You can look at s 137 for 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=DLM6731316.

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137: Registration of transfer of licence or new licence by Registrar, or

"Registrar's rules for transferring or getting a new licence"

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139: Notice of caveat against dealings, or

"Telling a land owner someone has stopped a deal on their land"

Part 3Dealings in estates and interests in land
Caveats

138Caveats against dealings with land

  1. A person may lodge a caveat against dealings with an estate or interest in land (a caveat against dealings) on the basis that the person—

  2. claims an estate or interest in the land, whether capable of registration or not; or
    1. has a beneficial estate or interest in the land under an express, implied, resulting, or constructive trust; or
      1. is transferring the estate or interest in the land to another person to be held on trust; or
        1. is the registered owner of the estate or interest in the land and—
          1. has an interest that is distinct from that of registered owner; or
            1. establishes to the satisfaction of the Registrar that at the time the caveat is lodged there is a risk that the estate or interest may be lost through fraud.

            2. A caveat against dealings document must be executed by the caveator or the caveator's agent.

            3. A caveat against dealings document must contain the prescribed information.

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