Land Transfer Act 2017

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

161: Notice of application

You could also call this:

"What happens when someone applies to change land ownership"

Illustration for Land Transfer Act 2017

You need to know what happens when someone applies for something under the Land Transfer Act 2017. If the application is okay, the Registrar gives notice to the public and to people who own or are interested in the land. The Registrar also gives notice to owners or occupiers of neighbouring land. You get notice so you can object to the application if you want to. The notice tells you how long you have to lodge a caveat, which is a formal objection, under section 162. The notice also contains other important information. If the Registrar thinks the notice was not effective, they can give notice again and give you more time to lodge a caveat.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6731351.

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160: Evidence, or

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162: Caveats against application, or

"Stop an application for land by lodging a caveat to protect your interest"

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

161Notice of application

  1. If the Registrar is satisfied that an application complies with this subpart, the Registrar must give notice of the application as follows:

  2. public notice; and
    1. notice to every person who it appears to the Registrar has or may have an estate or interest in any land to which the application relates; and
      1. notice to every person, other than the applicant, who is an owner or occupier of adjoining land; and
        1. notice in any other way and to any other persons the Registrar thinks fit.
          1. A notice under subsection (1) must—

          2. specify the prescribed period within which a person may lodge a caveat under section 162 to prevent the application from being granted; and
            1. contain the prescribed information.
              1. If the Registrar considers that giving notice under subsection (1) has not been effective or that it is desirable to give further notice of the application, the Registrar may—

              2. give notice again under that subsection; and
                1. specify in the notice a further period within which a person may lodge a caveat to prevent the application from being granted.
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