Land Transfer Act 2017

Dealings in estates and interests in land - Caveats

146: Second caveat against dealings may not be lodged

You could also call this:

"You can't lodge another caveat to protect the same property if one was already removed."

Illustration for Land Transfer Act 2017

You cannot lodge a second caveat against dealings to protect the same estate or interest if a previous one was removed under section 142 or lapsed under section 141(2)(a) or 143, unless the court says you can. The court has the power to make an order that allows this to happen. You can find more information about this in the Land Transfer Act 2017, and compare it to section 148.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6731324.

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145: Caveator may consent to registration of instrument, or

"You can agree to let someone register a document that affects your protected land."


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147: Registrar not required to verify entitlement to lodge caveat against dealings, or

"The Registrar doesn't check if you can stop a land deal, but you must follow the rules."

Part 3Dealings in estates and interests in land
Caveats

146Second caveat against dealings may not be lodged

  1. Unless the court orders otherwise, a caveat against dealings must not be lodged by or on behalf of the same person to protect the same estate or interest as a caveat against dealings that has been removed under section 142 or lapsed under section 141(2)(a) or 143.

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