Land Transfer Act 2017

Dealings in estates and interests in land - Caveats

148: Compensation for lodging of improper caveat against dealings

You could also call this:

"Getting paid back if someone wrongly stops a land deal"

Illustration for Land Transfer Act 2017

You can get compensation if someone lodges a caveat against dealings without a good reason. If you suffer a loss because of this, the person who lodged the caveat must pay you compensation. The court will decide if you get compensation. You have to go to court to make a claim for compensation. The court will hear your claim and make a decision. This is what happens when someone lodges a caveat against dealings and they are not allowed to do so. If someone lodges a caveat against dealings when they are not supposed to, it is considered to be without a good reason, as stated in section 146. You can find more information about this in the related section. The court will look at each case to decide what happens next.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6731326.

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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."


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149: Registrar may lodge caveat, or

"Registrar can protect you from unfair land deals"

Part 3Dealings in estates and interests in land
Caveats

148Compensation for lodging of improper caveat against dealings

  1. A person, including the agent of a person, who lodges a caveat against dealings without reasonable cause is liable to pay compensation to a person who suffers loss or damage as a result.

  2. A claim for compensation must be heard and determined by the court.

  3. A caveat against dealings lodged in contravention of section 146 is lodged without reasonable cause.

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