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Land Transfer Act 2017

Miscellaneous applications and other matters - Limited certificates of title

204: Applications by persons claiming title to land for which there is limited record of title

You could also call this:

"Applying to own land with limited title records"

Illustration for Land Transfer Act 2017

You can apply to be registered as the owner of land if you claim to own it but there is not much record of its title. You can do this if you have been using the land for a long time or if the Registrar's records show you might own it. You make this application under subpart 2. You follow the same process as other applications, but with some changes. If you already own land next to the land you are claiming, the process is a bit different. In this case, subpart 2 applies, but with some extra changes. These changes include not needing to give public notice, as section 173(1)(a) does not apply. The Registrar also does not need to tell people who have agreed to your application about it, as notice under section 173(1) is not required.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6731400.

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Part 4Miscellaneous applications and other matters
Limited certificates of title

204Applications by persons claiming title to land for which there is limited record of title

  1. This section applies to a person who claims to be entitled to a freehold estate in land for which there is a limited record of title—

  2. by adverse possession as against the title of the registered owner that commenced before a limited certificate of title was issued for the land; or
    1. under a title that appears from the Registrar's minutes to exist or possibly exist.

      1. A person to whom this section applies may apply under subpart 2 to be registered as the owner of the estate, and that subpart applies to the application with all necessary modifications.

      2. If the applicant is the registered owner of land adjoining the claimed land, subpart 2 applies with the following additional modifications:

      3. section 173(1)(a) does not apply (so there is no requirement for public notice); and
        1. the Registrar is not required to give notice of the application under section 173(1) to any person who has given written consent to the application.

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