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Land Transfer Act 2017

Miscellaneous applications and other matters - Limited certificates of title

200: Effect of limited record of title

You could also call this:

"What happens when you have a limited record of title to your land"

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You have an estate with a limited record of title. This Act still applies to your estate and any interests affecting it. The Act also applies to the registration or notation of those interests. When you have a limited record of title, some people cannot set aside the title of the registered owner. These people are those who have been registered owners of the estate or interest while it was limited. If you have a limited record of title, Section 44 still applies. It applies if you comply with the Registrar's requirements and consider the interests of people who may have a claim to the land. If a limited certificate of title is issued, it does not stop the Limitation Act 2010 from applying. This means that people who are in adverse possession of the land can still claim it after a certain period of time. This also applies to people who are claiming through someone in adverse possession.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6731396.

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199: Record of title to indicate limitations, or

"What limits are on a land title?"

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201: Removal of limitations from limited record of title, or

"The Registrar can remove limitations from a property title if certain conditions are met."

Part 4Miscellaneous applications and other matters
Limited certificates of title

200Effect of limited record of title

  1. The provisions of this Act apply to—

  2. an estate for which there is a limited record of title; and
    1. the registration or notation of an estate or interest affecting that estate.

      1. The only persons who cannot, because of the limitation, set aside the title of the registered owner of the estate, or of an estate or interest affecting that estate, are persons who are or have been registered owners of any of those estates or interests while subject to the limitation.

      2. Section 44 applies to a limited record of title subject to—

      3. compliance with any applicable requisitions or requirements specified in the Registrar's minutes; and
        1. the estate or interest of a person in the land that appears from the Registrar's minutes to exist or possibly exist; and
          1. the title of any person who is adversely in actual occupation of the land and is entitled to an estate or interest in the land.

            1. The issue of a limited certificate of title (and the limited record of title that derives from it) does not prevent the Limitation Act 2010 or any other enactment that prescribes a limitation period from applying in favour of—

            2. a person in adverse possession of land at the time the limited certificate of title was issued; or
              1. a person claiming through or under a person referred to in paragraph (a).

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