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Land Transfer Act 2017

Miscellaneous applications and other matters - Limited certificates of title

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

You could also call this:

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

Illustration for Land Transfer Act 2017

You want to remove a limitation from a limited record of title that is limited as to parcels. The Registrar will not do this unless they are satisfied that no part of the land is being used by someone who does not own it. They must also be sure that the people who own or use the land next door are told about the plan to remove the limitation. You will get notice if you own or use the land next to the land in question. The Registrar will tell you about their plan to remove the limitation. If you do not object within a certain time, the Registrar can remove the limitation, but you can object by lodging a caveat under section 207. However, if the owners or occupiers of the adjoining land have already agreed in writing to the removal of the limitation, the Registrar does not need to tell them.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6731398.

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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."

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203: Other estates and interests subject to limitation, or

"Some property rights have time limits, just like owning a property outright."

Part 4Miscellaneous applications and other matters
Limited certificates of title

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

  1. The Registrar must not act under section 201(1) in relation to a limited record of title that is limited as to parcels unless—

  2. the Registrar is satisfied by the deposit of a survey plan or other evidence that no part of the land is held in occupation adverse to the title of the registered owner of the land; and
    1. the Registrar gives notice to the owners or occupiers of any adjoining land of the Registrar's intention to take the action; and
      1. within the prescribed period specified in the notice, or any period of extension allowed by the Registrar, no person to whom a notice is given lodges a caveat under section 207.

        1. However, the Registrar need not give notice to the owners or occupiers of adjoining land who have given written consent to the removal of the limitation.

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