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Land Transfer Act 2017

Miscellaneous applications and other matters - Title to access strips

185: Application by adjoining owners for title to access strip

You could also call this:

"Neighbours can apply for ownership of a shared access path"

Illustration for Land Transfer Act 2017

You can apply to the Registrar for a record of title to an access strip if you own the land next to it. You must own the fee simple estate in the lots adjoining the access strip to make this application. The application needs to have the required information. You cannot make this application if you already own a freehold estate in the access strip. If your land was created by subdividing a larger piece of land, it may be treated as one lot for this application. If your application does not comply with the rules, section 37 will apply to it, like it would to any other document lodged for registration.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6731379.

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Part 4Miscellaneous applications and other matters
Title to access strips

185Application by adjoining owners for title to access strip

  1. The registered owners of the fee simple estate in lots adjoining an access strip (the adjoining owners) may apply to the Registrar for the issue of a record of title to the access strip.

  2. Subsection (1) does not apply to an adjoining owner who owns a freehold estate in the access strip.

  3. The application must contain the prescribed information.

  4. For the purposes of this section, 2 or more lots that adjoin an access strip and that arise from the subdivision of a single lot that originally adjoined the access strip must each be treated as a single lot in the original subdivision.

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

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