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Land Transfer Act 2017

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

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

You could also call this:

"Protecting your interest in someone else's land"

Illustration for Land Transfer Act 2017

You can lodge a caveat on someone's land if you think you own it or have an interest in it. The Registrar checks if your claim is valid and if it is not already covered by other rules. You need to prove your claim to the Registrar. If the Registrar is not sure about your claim, they will ask you to prove it or show that it is valid but cannot be registered. You must do this within a certain time period or your caveat will lapse. If you prove your claim, your caveat will stay and the Registrar will note it on the land record. If you show that your claim is valid but cannot be registered, the Registrar will not cancel your caveat. The Registrar will then ask the person who applied to deal with the land if they agree to your caveat being noted on the land record. If they agree, the Registrar will create a new record of title with your caveat on it. If the applicant does not agree, the Registrar will not allow them to deal with the land. You can find more information about this in section 162, section 164, 165, section 166, and section 168.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6731357.

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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"

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168: Registration of applicant as owner of freehold estate, or

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

167Caveat by other person 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 claims to be beneficially or equitably the owner of, or entitled to, an estate or interest in any land to which the application relates; and
    1. the estate or interest is not an estate or interest of a kind referred to in section 164 or 165; and
      1. section 166 does not apply.

        1. If the Registrar is satisfied that the caveator's claim to the estate or interest is sufficiently evidenced by the register, subsection (7) applies to the caveat.

        2. If the Registrar is not satisfied that the caveator's claim to the estate or interest is sufficiently evidenced by the register, the Registrar must give notice to the caveator requiring the caveator, within the prescribed period specified in the notice, to—

        3. establish the claim and become registered as owner of the estate or interest; 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 or interest.

            1. If the caveator does not comply with subsection (3)(a) or (b) within the period specified in the notice or any extension allowed by the Registrar (the permitted period), the caveat lapses and the Registrar must note the lapsing on the record of title.

            2. If the caveator complies with subsection (3)(a) within the permitted period,—

            3. the caveat does not lapse; and
              1. section 166 applies as if the caveator had been registered as the owner of the estate or interest when the caveat was lodged.

                1. If the caveator complies with subsection (3)(b) within the permitted period, subsection (7) applies to the caveat.

                2. If this subsection applies to the caveat,—

                3. the caveat does not lapse; and
                  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 caveat as evidence of the caveator’s claim.

                    1. If the applicant gives notice of his or her agreement, the Registrar must, in accordance with section 168, create a record of title for the applicant subject to the caveat (as evidence of the caveator’s claim).

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

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