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Land Transfer Act 2017

Miscellaneous applications and other matters - Title to access strips

194: Record of title for access strip

You could also call this:

"Getting a record of title for a shared access path and nearby land"

Illustration for Land Transfer Act 2017

You can get a record of title for an access strip and the land next to it. The Registrar can create this record if your application is correct, no one has stopped the application, and there is no other reason to say no. You will get the record of title in your name. The record of title will show any interests that were already on the old record. If the access strip was not under this Act before, the record will show any existing interests that can be registered. Your share of the access strip will be based on the size of your land compared to the other owners' land. When the Registrar creates the new record of title, they will cancel the old one. If the access strip was not under this Act before, creating a record of title will bring it under this Act, as seen in section 192(6) or 193(6). This means the access strip will now follow the rules of this Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6731388.

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193: Adjoining owner with no interest in access strip who is not applicant, or

"Giving up rights to an access strip as an adjoining owner"

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195: Provisions applying when record of title created for access strip, or

"Rules for access strips when a record of title is created"

Part 4Miscellaneous applications and other matters
Title to access strips

194Record of title for access strip

  1. The Registrar may create a record of title for the access strip and the adjoining lot to which it relates if satisfied that—

  2. the application complies with this subpart; and
    1. no caveat prevents the application from being granted; and
      1. there is no other reason to refuse to grant the application.

        1. The record of title must be created in the name of the applicant or, if there are 2 or more applicants, in the names of the applicants as tenants in common in their appropriate shares.

        2. The record of title must record,—

        3. if the access strip is subject to this Act, any interests registered or noted on the former record of title for the access strip; or
          1. if the access strip is not subject to this Act, any existing interest to which the access strip is subject that is capable of being registered or noted under this Act.

            1. The share of an applicant in the access strip is equal to the proportion that the applicant's lot bears to the aggregate of—

            2. the lots of all adjoining owners who are applicants; and
              1. the lots of any persons to whom section 192(6) or 193(6) applies.

                1. On creating a record of title under this section, the Registrar must cancel any previous record of title for the fee simple estate in the whole of the access strip.

                2. The creation of a record of title under this section for, or for a share in, an access strip that is not subject to this Act has the effect of bringing the land comprised in the access strip under this Act.