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Land Transfer Act 2017

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

165: Caveat by beneficial or equitable owner of fee simple or other freehold estate

You could also call this:

"Protecting your claim to own land if you're not the official owner"

Illustration for Land Transfer Act 2017

You can lodge a caveat if you claim to be the beneficial or equitable owner of a freehold estate in land. This can be an estate in fee simple, a life estate, a future estate, or any other freehold estate that will end when a future event happens. You must do this under section 162. You will get a notice from the Registrar telling you to either prove your claim and become the registered owner, or show that your claim is valid but cannot be registered. You must do one of these things within the time period specified in the notice. If you do not, your caveat will lapse. If your caveat lapses, the Registrar will note this on the record of title. The Registrar will refuse the application if they are satisfied that your estate is already shown on the register, or if you comply with the notice within the given time period. You can find more information by comparing this to s 10.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6731355.

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164: Caveat by registered owner of fee simple or other freehold estate, or

"Stopping land deals as the land owner"

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166: Caveat by registered owner of, or person noted as entitled to, other estate or interest, or

"Protecting your interest in a piece of land as the owner or someone with a claim to it"

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

165Caveat by beneficial or equitable owner of fee simple or other freehold estate

  1. This section applies if the Registrar is satisfied that a caveat has been lodged under section 162 by or for a person who claims to be the beneficial or equitable owner of any of the following freehold estates in any land to which the application relates:

  2. an estate in fee simple:
    1. a life estate:
      1. a future estate:
        1. any other freehold estate that terminates when a future event happens but that has not yet terminated.

          1. The Registrar must give notice to the caveator requiring the caveator, within the prescribed period specified in the notice, to—

          2. establish the claim and become registered as owner of the estate; or
            1. satisfy the Registrar that the claim is valid but that it is of such a nature that it is not capable of being converted into a registered estate.

              1. The caveat lapses unless, within the period specified in the notice or any extension allowed by the Registrar, the caveator complies with subsection (2)(a) or (b).

              2. If the caveat lapses, the Registrar must note the lapsing on the record of title.

              3. The Registrar must refuse the application if—

              4. the Registrar is satisfied that the estate of the caveator is sufficiently evidenced by the register; or
                1. within the period specified in the notice or any extension allowed by the Registrar, the caveator complies with subsection (2)(a) or (b).

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