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Land Transfer Act 2017

Miscellaneous applications and other matters - Applications to bring land under Act

172: Applications to bring land under Act

You could also call this:

"How to apply to bring your land under the Land Transfer Act"

Illustration for Land Transfer Act 2017

You can apply to bring land under the Land Transfer Act 2017 if you own the land. You can also apply if you are entitled to the land because someone else cannot take it back due to the Limitation Act 2010. You might own the land as a public reserve. You can apply on behalf of someone else if you are their guardian or if they cannot make decisions for themselves. This can happen if a court has appointed you to make decisions for them or if you are from the Public Trust. If someone has a property order under the Protection of Personal and Property Rights Act 1988, their manager can apply. If you want to apply, you need to get consent from certain people. You need to include the right information in your application. Your application must follow the rules, or it might not be accepted, similar to what happens under section 37.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6731364.

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171: Land to which this subpart applies, or

"Land that is not covered by the Land Transfer Act"

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173: Notice of application, or

"Telling people about an application to bring land under the Land Transfer Act"

Part 4Miscellaneous applications and other matters
Applications to bring land under Act

172Applications to bring land under Act

  1. The following persons may apply in their own right to bring land under this Act:

  2. a person who claims to be the person in whom the fee simple estate in the land is vested in possession, whether at law or in equity:
    1. a person who claims to be entitled to the land through adverse possession as against a person prevented by the Limitation Act 2010 or any other enactment that prescribes a limitation period from bringing an action to recover the land:
      1. a person who claims a life estate in possession that is not a lease for life:
        1. a person who has the power to dispose of the fee simple estate in possession:
          1. a person who owns the fee simple estate in the land as a public reserve.

            1. The following persons may apply to bring land under this Act on behalf of a person to whom subsection (1) applies:

            2. the guardian of a minor:
              1. in the case of an incapacitated person,—
                1. a person authorised by an enactment to make the application:
                  1. Public Trust:
                    1. a person appointed by the court to make the application:
                    2. in the case of a person in respect of whom a property order is in force under the Protection of Personal and Property Rights Act 1988, the manager.

                      1. A person who claims to be beneficially entitled under a trust to an estate or interest in the land must, if the trustees do not have express power to sell the land, consent to an application under subsection (1)(a).

                      2. A person entitled to a future estate in the land must consent to an application under subsection (1)(c).

                      3. A person whose consent is required to the exercise of a power to dispose of the fee simple estate in possession must consent to an application under subsection (1)(d).

                      4. An application under subsection (1)(e) is subject to any trust that affects the land.

                      5. An application that relates to land in which 2 or more persons own undivided shares must be made by all the owners of the undivided shares.

                      6. An application by a mortgagor of the land may be made only with the consent of the mortgagee.

                      7. An application by a mortgagee of the land may be made only in connection with the exercise of a power of sale.

                      8. The application must contain the prescribed information.

                      9. Section 37 applies with necessary modifications to an application that does not comply with this subpart as if the application were an instrument lodged for registration.

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