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Land Transfer Act 2017

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

169: Cancellation of record of title

You could also call this:

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

Illustration for Land Transfer Act 2017

When a new record of title is created for a freehold estate under section 168, the Registrar must cancel any old record of title for that estate. You will see the Registrar either cancel the whole record or just the parts that relate to the freehold estate. The cancellation will say it is made under this section. When the record of title is cancelled, the previous owner's estate is extinguished. Any other estates or interests registered on the record of title are also extinguished. However, this does not apply to certain estates or interests that are covered by section 166(3) or 167(8). The Registrar's cancellation is an important step in updating the records. You can find more information about how this works in other parts of the law. The law is in place to help manage land ownership in New Zealand.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6731360.

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

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

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

169Cancellation of record of title

  1. On creation of a record of title for a freehold estate under section 168, the Registrar must—

  2. cancel any previous record of title for the freehold estate; or
    1. partially cancel any previous record of title to the extent that it relates to the freehold estate.

      1. The cancellation must state that it is made under this section.

      2. On cancellation of the record of title,—

      3. the estate of the previous registered owner is extinguished; and
        1. any other estate or interest registered or noted on the record of title is extinguished.

          1. Subsection (3) does not apply to an estate or interest to which section 166(3) or 167(8) applies.

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