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Land Transfer Act 2017

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

168: Registration of applicant as owner of freehold estate

You could also call this:

"Becoming the owner of a piece of land and getting a record to prove it"

Illustration for Land Transfer Act 2017

You apply to be the owner of a freehold estate in some land. The Registrar checks if you have done everything you need to. They also check if any issues that might stop this from happening have been sorted out, like a caveat that has lapsed or been withdrawn (see section 167(8)). If everything is okay, the Registrar registers you as the owner and creates a record of title for the estate. You get a record of title that does not have any old estates or interests on it, except for some special cases that are covered by section 166(3) or 167(8). The Registrar makes sure everything is correct before giving you the record of title.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6731359.

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

"Protecting your interest in someone else's land"

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169: Cancellation of record of title, or

"Removing an old land ownership record and replacing it with a new one"

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

168Registration of applicant as owner of freehold estate

  1. The Registrar must register the applicant as the owner of the freehold estate in the land to which the application relates and create a record of title for that estate if satisfied that—

  2. the applicant has complied with this subpart; and
    1. any caveat lodged under this subpart has lapsed or been withdrawn, or the record of title is to be created subject to the caveat (see section 167(8)); and
      1. there is no reason preventing the Registrar from doing so.

        1. The record of title must be free of any estates or interests previously recorded except for an estate or interest to which section 166(3) or 167(8) applies.

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