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Land Transfer Act 2017

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

174: Caveat against bringing land under Act

You could also call this:

"Stop land being transferred if you think you own it"

Illustration for Land Transfer Act 2017

You can stop land from being brought under the Land Transfer Act 2017 if you think you own it. You can do this if you claim to own the land or have an interest in it. You need to lodge a caveat within a certain time period, as stated in a notice under section 173. You must sign the caveat document yourself or get your agent to sign it. The document must contain the required information. Other rules, such as those in sections 144 and 146 to 148, also apply to the caveat. If you want to lodge a caveat, you should follow the rules carefully.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6731366.

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173: Notice of application, or

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

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175: Effect of caveat, or

"What happens when a caveat stops land being under the Land Transfer Act"

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

174Caveat against bringing land under Act

  1. The following persons may, within the period specified in a notice under section 173 for an application about certain land, lodge a caveat preventing the Registrar from bringing the land under this Act:

  2. a person who claims to be entitled to a freehold estate in the land, whether through adverse possession or on other grounds:
    1. a person who claims to be entitled to an estate or interest in the land that is not a freehold estate, whether under an instrument or not.

      1. A caveat document must be executed by the caveator or the caveator's agent.

      2. A caveat document must contain the prescribed information.

      3. Sections 144 and 146 to 148 apply with necessary modifications to the caveat as if it were a caveat against dealings.

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