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Land Transfer Act 2017

Miscellaneous applications and other matters - Applications for title based on adverse possession

157: Incapacity of registered owner

You could also call this:

"What happens if you own land but can't manage it due to illness or disability?"

Illustration for Land Transfer Act 2017

You can apply to the court if you are a registered owner of land and you were incapacitated at some point during the 20-year period. The court can extend the 20-year period if it thinks this is fair. When deciding, the court looks at how your affairs were managed while you were incapacitated. You were considered incapacitated if you could not manage your own affairs during the 20-year period referred to in section 155. The court considers how your authorised representative managed your land ownership affairs. It also thinks about the effects of extending the 20-year period on the person making the application. The court can look at other relevant matters when making its decision. It can make an order to extend the 20-year period if it thinks this is just, whether the application is made before or after the 20-year period ends.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6731347.

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Part 4Miscellaneous applications and other matters
Applications for title based on adverse possession

157Incapacity of registered owner

  1. This section applies to a registered owner of an estate that is the subject of an application under section 155 who proves that at any time during the period of 20 years referred to in section 155(1)(b) (the 20-year period) he or she was incapacitated.

  2. If this section applies to a registered owner, the court may, if it thinks it just to do so on an application made to it (whether before or after the end of the 20-year period), order that the 20-year period is extended to the close of a date stated in the order.

  3. In determining whether to make an order, the court must take into account—

  4. whether, while the registered owner was incapacitated, an authorised representative managed the owner's affairs with respect to ownership of the land; and
    1. any steps taken by the authorised representative to manage those affairs; and
      1. the effects or likely effects on the applicant of extending the 20-year period; and
        1. any other matters the court thinks relevant.

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