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Land Transfer Act 2017

Dealings in estates and interests in land - Caveats

140: Effect of caveat against dealings

You could also call this:

"What happens when someone stops changes to a property's ownership"

Illustration for Land Transfer Act 2017

If someone puts a caveat against dealings on a property, the Registrar cannot register any documents that change the ownership of the property. You need to know the Registrar can still register some documents, like those that were lodged before the caveat or those that transfer ownership because someone has died, as explained in the Insolvency Act 2006. The Registrar can also register documents that correct the owner's name or transfer ownership when a property is sold under the Local Government (Rating) Act 2002.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6731318.

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139: Notice of caveat against dealings, or

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

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141: Caveat against dealings not to prevent transfer by mortgagee under power of sale, or

"A mortgagee can still sell land even if someone has put a caveat on it."

Part 3Dealings in estates and interests in land
Caveats

140Effect of caveat against dealings

  1. As long as a caveat against dealings remains entered on the register, the Registrar must not register an instrument or record any matter in the register that transfers, charges, or prejudicially affects the estate or interest protected by the caveat.

  2. Despite subsection (1), the Registrar may—

  3. register or note an instrument lodged for registration or notation before the lodging of the caveat:
    1. register or note an instrument in the register to give effect to the transmission of an estate or interest by operation of law (for example, to an executor, administrator, or trustee of the estate of a deceased person, to the Official Assignee of the estate of a bankrupt under the Insolvency Act 2006, or to the surviving joint tenant on the death of a tenant under a joint tenancy):
      1. if the caveat affects only the fee simple estate, register or note an instrument that relates to any other estate or interest:
        1. if the caveat affects only an estate or interest that is less than freehold (for example, a lease or mortgage), register or note an instrument that relates to any lesser estate or interest (for example, a sublease or submortgage):
          1. register or note an instrument in the register that is necessary to make a change to, or correct, the name of the owner of an estate or interest without changing the ownership of the estate or interest:
            1. register or note an instrument in the register to transfer an estate or interest sold in exercise of powers under the Local Government (Rating) Act 2002:
              1. register or note an instrument in the register that creates or relates to an easement that benefits the estate or interest subject to the caveat:
                1. create a single record of title in place of separate records of title:
                  1. create separate records of title in place of a single record of title:
                    1. register further caveats, statutory land charges, or charging orders:
                      1. make an entry in the register to give effect to an enactment or order of a court vesting or affecting the land or estate or interest in land protected by the caveat:
                        1. register or note in the register an instrument of a class specified by regulations.

                          1. Subsection (2) is not an exhaustive list of the instruments that may be registered or noted by the Registrar without contravening subsection (1).

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