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Land Transfer Act 2017

Miscellaneous applications and other matters - Title to access strips

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

You could also call this:

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

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When a record of title is created for an access strip under section 194, you must follow some rules. You cannot transfer or mortgage the access strip unless you also dispose of or mortgage the adjoining lot. The Registrar must note this on the records. If you own a share in an access strip and an adjoining lot, your share in the access strip is automatically part of that lot. A mortgage on an adjoining lot can also include the share in the access strip. This applies even if the lot is a joint family home under the Joint Family Homes Act 1964. In this case, a mortgage includes any charge that secures payment of money. However, if you are settling an adjoining lot under the Joint Family Homes Act 1964, you do not have to follow the rule about transferring or mortgaging the access strip.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6731389.

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194: Record of title for access strip, or

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

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196: Purpose of this subpart, or

"This part of the law keeps some old rules about land with limited title certificates."

Part 4Miscellaneous applications and other matters
Title to access strips

195Provisions applying when record of title created for access strip

  1. The following provisions apply on creation of a record of title under section 194:

  2. the owner of an access strip or of a share in an access strip must not transfer or mortgage the access strip or share unless, at the same time, the owner disposes of or mortgages the adjoining lot to the transferee or mortgagee:
    1. the Registrar must note the record of title for the relevant share in the access strip and the record of title for each adjoining lot to which the share relates to the effect that the adjoining lot is subject to paragraph (a):
      1. the share in an access strip held by persons who are the owners as joint tenants or tenants in common of an adjoining lot to which the share relates vests in those persons in the same manner:
        1. a power of sale in a mortgage of an adjoining lot or part of an adjoining lot to which the share in an access strip relates extends to the share in the access strip:
          1. paragraph (d) applies to a lot settled as a joint family home under the Joint Family Homes Act 1964 after the creation of the record of title, whether the share in the access strip is owned by the husband and wife (as defined in that Act) or by either of them.

            1. In this section, mortgage includes a charge securing the payment of money under this Act or any other enactment.

            2. Subsection (1)(a) does not apply to the settlement of an adjoining lot under the Joint Family Homes Act 1964.

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