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Land Transfer Act 2017

Dealings in estates and interests in land - Trusts

153: Trusts not to be entered on register

You could also call this:

"You can't put trust information on the land register."

Illustration for Land Transfer Act 2017

You cannot register a notice of a trust on the land register. If you try to register it, the notice has no effect. You are only liable for your own estate or interest when executing an instrument. You do not give notice of a trust if you say you are only liable to the extent of an estate or interest you hold as a trustee. This rule does not apply if other laws, such as sections 138 and 154, say otherwise. It also does not apply if another law requires or allows you to register a notice of a trust. You can look at s 128 for a similar rule in another law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6731333.

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Part 3Dealings in estates and interests in land
Trusts

153Trusts not to be entered on register

  1. Notice of a trust, whether express, implied, resulting, or constructive, must not be registered or noted on the register and has no effect if it is.

  2. A provision in an instrument registered or noted under this Act to the effect that a person executing the instrument is liable only to the extent of an estate or interest or assets of which the person is a trustee is not notice of a trust.

  3. This section is subject to—

  4. sections 138 and 154; and
    1. any enactment that requires or permits notice of a trust to be registered or noted on the register.

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