Land Transfer Act 2017

Miscellaneous applications and other matters - Limited certificates of title

205: Certain interests extinguished

You could also call this:

"Some old rights to land are cancelled after 12 years"

Illustration for Land Transfer Act 2017

You have land with a limited record of title. This means the title has some limitations because it came from a limited certificate of title. If you had an estate or interest in the land before the first limited certificate of title was issued, it may be extinguished. You will lose your estate or interest if it is not registered or noted on the limited record of title 12 years after the first limited certificate of title was issued. However, this rule does not apply if you are living on the land and are entitled to the estate or interest. It also does not apply if someone is in adverse possession of the land. If 12 years have passed since the first limited certificate of title was issued, the Registrar can create a new record of title for the land that is no longer limited. You can compare this to s 204 for more information.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6731401.

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

"Applying to own land with limited title records"


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206: Status of caveats lodged under section 205(1) of Land Transfer Act 1952, or

"What happens to old caveats when land is brought under the new Land Transfer Act"

Part 4Miscellaneous applications and other matters
Limited certificates of title

205Certain interests extinguished

  1. This section applies to land for which there is a limited record of title that is limited as to title (which derives from a limited certificate of title).

  2. An estate or interest in the land is extinguished if—

  3. it existed before the first limited certificate of title was issued; and
    1. it is not registered or noted on the limited record of title 12 years after the date on which the first limited certificate of title was issued.
      1. Subsection (2) does not apply to an estate or interest—

      2. of a person who is in actual occupation of the land and is entitled to the estate or interest; or
        1. of a person in adverse possession of the land.
          1. If 12 years have passed since the date on which the first limited certificate of title was issued, the Registrar may create a record of title for the land that is no longer limited as to title.

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