Plain language law

New Zealand law explained for everyone

Land Transfer Act 2017

Miscellaneous applications and other matters - Limited certificates of title

201: Removal of limitations from limited record of title

You could also call this:

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

Illustration for Land Transfer Act 2017

The Registrar can remove limitations from a limited record of title. You can have the limitation removed if the Registrar is satisfied it can be done. The Registrar checks if the title is still valid under the Limitation Act 2010 or other laws. The Registrar looks at what has been done to meet any requirements for the record of title. They consider other important matters and can decide some requirements are no longer needed because time has passed. The Registrar can note the change on the record of title or create a new one without the limitation. The Registrar must be satisfied the title has not been affected by the Limitation Act 2010 or other laws before making any changes. You can find more information about the Limitation Act 2010 at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2033100. The Registrar's decision is based on the information available to them.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6731397.

This page was last updated on — View changes

Topics:
Housing and property > Buying and selling homesHousing and property > Land use
Previous

200: Effect of limited record of title, or

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

Next

202: Further restriction on removal of limitation from limited record of title limited as to parcels, or

"Rules for removing limitations from land titles when neighbouring land is involved"

Part 4Miscellaneous applications and other matters
Limited certificates of title

201Removal of limitations from limited record of title

  1. The Registrar may—

  2. note on a limited record of title that the record of title is no longer subject to the limitation; or
    1. create a replacement record of title that is not subject to the limitation.

      1. The Registrar may act under subsection (1) only if satisfied that—

      2. the limitation can be removed from the record of title; and
        1. the title of the registered owner has not been extinguished by the operation of the Limitation Act 2010 or any other enactment that prescribes a limitation period.

          1. The Registrar, in satisfying himself or herself that the limitation can be removed from the record of title,—

          2. must have regard to—
            1. any action taken to comply with any requisition or requirement in the Registrar's minutes in relation to the record of title; and
              1. any other matters the Registrar considers material; and
              2. may decide that compliance with a requisition or requirement has become unnecessary because of the lapse of time.

                Compare