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Land Transfer Act 2017

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

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

You could also call this:

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

Illustration for Land Transfer Act 2017

You can lodge a caveat on a piece of land if you are the registered owner or have an interest in it. The Registrar will check if the caveat is valid and if it is, they will notify the applicant. You can agree to the caveat and the Registrar will create a record of title for the applicant. If you agree to the caveat, it will lapse and the Registrar will note this on the register. The Registrar will also create a record of title for the applicant, subject to your interest in the land. If you do not agree to the caveat, the Registrar will refuse the application. In some cases, the applicant may be treated as the registered owner of the land for certain purposes. This can happen if the land is subject to a registered mortgage. The Registrar will follow the rules in the Property Law Act 2007 when dealing with these cases. If the applicant agrees to the caveat, some rules in the Property Law Act 2007 will not apply. This is the case when the land is subject to a mortgage and the applicant transfers the land to someone else. You can find more information about these rules in subpart 5 of Part 3 and subpart 8 of Part 3 of the Property Law Act 2007.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6731356.

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

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167: Caveat by other person entitled to other estate or interest, or

"Protecting your interest in someone else's land"

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

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

  1. This section applies if the Registrar is satisfied that—

  2. a caveat has been lodged under section 162 by or for a person who is the registered owner of, or who is noted on the register as entitled to, an estate or interest in any land to which the application relates; and
    1. the estate or interest is not an estate of a kind referred to in section 164 or 165.

      1. The Registrar must give notice to the applicant that the applicant may, within the prescribed period specified in the notice, give notice to the Registrar that the applicant agrees to the applicant's title being made subject to the estate or interest of the caveator and any estate or interest through or under which the caveator derives title.

      2. If the applicant gives notice of his or her agreement,—

      3. the caveat lapses; and
        1. the Registrar must, in accordance with section 168, create a record of title for the applicant subject to the estate or interest of the caveator, and must note the lapsing of the caveat on the register.

          1. If the applicant does not give notice of his or her agreement, the Registrar must refuse the application.

          2. If the freehold estate in the land is subject to a registered mortgage, the applicant must be treated as—

          3. the registered owner of the freehold estate for the purposes of section 105; and
            1. the registered owner of the freehold estate and the mortgagor for the purposes of subpart 5 of Part 3 of the Property Law Act 2007.

              1. If, in the case of a freehold estate subject to a mortgage, the applicant gives notice of his or her agreement to the Registrar under subsection (2), nothing in subpart 8 of Part 3 of the Property Law Act 2007 applies to a transfer of the freehold estate by the applicant or by a person who derives title through or under the applicant.

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