Land Transfer Act 2017 Flashcards
2020
3a. Section 11(1) Land Transfer Act 2017 identifies eight items that the Registrar must record in the Register. List these eight items
(a) the particulars of land that is subject to this Act: (½ mark)
(b) the particulars of estates and interests in land that are registered under this Act: (½ mark)
(c) the names of the persons registered as owners of those estates and interests: (½ mark)
(d) the particulars of instruments or other matters that are registered or noted under this Act and that benefit, burden, or affect those estates or interests: (½ mark)
(e) the instruments themselves: (½ mark)
(f) any certificate, note, memorandum, or information that relates to registered estates/interests in land and that is required to be recorded in the register: (½ mark)
(g) the plans deposited under this Act: (½ mark)
(h) any prescribed information. (½ mark)
2020
3b. Section 12(1) Land Transfer Act 2017 sets out five different types of estates for which the Registrar may create a record of title. Identify at least four of these different types of estates.
(a) freehold estates: (½ mark)
(b) leasehold estates: (½ mark)
(c) stratum estates under the Unit Titles Act 2010: (½ mark)
(d) any other estates or interests in land that are or may be registered under this Act or
for which a record of title is required by another Act: (½ mark)
(e) a proclamation or notice published in the Gazette and registered under this Act
pursuant to any other Act. (½ mark)
2020
3c. Nine items are listed under Section 12(2) Land Transfer Act 2017 that must be contained within a record of title. List six of these items.
- Unique identifier
- Legal description (e.g. Lot 1 DP 12345)
- Type of estate/interest (e.g. fee simple)
- Interests in the land
- Prior references
- Name of registered owners
- Any other information required under the Act or information that the Registrar considers necessary
2020
3d. In terms of access to the register as stated under Section 40(1) Land Transfer Act 2017,
what must the Registrar provide on request and on payment of the prescribed fee or charge?
The Registrar must, on request and on payment of the prescribed fee or charge, —
(a) provide a person with a copy of an instrument registered or noted in the register or
that forms part of the register: (½ mark)
(b) provide a person with a copy of a record of title. (½ mark)
2020
3e. Section 108(1) Land Transfer Act 2017 deals with the registration and surrender of
easements and profits à prendre. List two of the documents and/or instruments either of
which may be used in order to undertake the above.
The following must be used in order to register an easement or a profit à prendre or the
surrender of an easement or a profit à prendre:
(a) an easement instrument under section 109; or (½ mark)
(b) a transfer instrument under section 73; or (½ mark)
(c) in the case of an easement, a deposit document under section 110 together with the
deposit under section 224 of a plan to which the deposit document relates. (½ mark)
2020
3f. A deposit document used to create or surrender an easement on deposit of a plan must be
in a form specified by the Registrar. What are the matters that need to be specified in a
deposit document, as required under Section 110(3) Land Transfer Act 2017?
The matters that must be specified are —
(a) the burdened land and, except for an easement in gross, the benefited land, including
reference to the register; and (½ mark)
(b) the nature and extent of the easement; and (½ mark)
(c) if the easement is being created, the rights and powers that will apply to the easement
by reference, without modification, to rights and powers —
(i) prescribed by regulations; or (½ mark)
(ii) contained in a memorandum registered under section 209. (½ mark)
2020
3g. When considering if an easement can be extinguished if it is redundant under Section
115(2) Land Transfer Act 2017, what two considerations apply?
For the purposes of this section, an easement is extinguished if it is redundant, meaning
that -
(a) all or part of the benefited land no longer adjoins the burdened land as a result of a
subdivision or for any other reason; and (1 mark)
(b) as a result, the easement has no practical effect (1 mark)
2020
3h. For the purpose of Section 197 Land Transfer Act 2017 (Subpart 4), what is the meaning
of a limited certificate of title?
(a) is limited as to parcels or title, or both
2020
3i. Section 201(1) Land Transfer Act 2017 sets out two methods by which the Registrar may
remove the limitations from a limited record of title. Identify both these methods
The Registrar may —
(a) note on a limited record of title that the record of title is no longer subject to the
limitation; or (1 mark)
(b) create a replacement record of title that is not subject to the limitation. (1 mark)
2020
3j. What matters must the Registrar have regard to, when satisfying himself or herself that
limitation can be removed from a record of title, as stated in Section 201(3) Land Transfer
Act 2017.
The Registrar, in satisfying himself or herself that the limitation can be removed from the
record of title,—
(a) must have regard to—
(i) any action taken to comply with any requisition or requirement in the
Registrar’s minutes in relation to the record of title; and
(ii) any other matters the Registrar considers material; and (1 mark)
(b) may decide that compliance with a requisition or requirement has become
unnecessary because of the lapse of time. (1 mark)
Purpose of the Act…
not examined
- Replace Land Transfer Act 1952
- Continues and maintains the Torrens System
- Retains the principles of that system (security of ownership, facilitate transfer of and dealings with estates/interests, compensation for loss arising from operation of the system, provide a register)
- Reflect that the register is kept and operated electronically
- maintains the integrity of title to estates/interests in land
The purpose of this Act is to replace the Land Transfer Act 1952 with a modern Act that—
(a) continues and maintains the Torrens system of land title in New Zealand; and
(b) retains the fundamental principles of that system, which are to—
(i) provide security of ownership of estates and interests in land:
(ii) facilitate the transfer of and dealings with estates and interests in land:
(iii) provide compensation for loss arising from the operation of the system:
(iv) provide a register of land that describes and records the ownership of estates and interests in land; and
(c) reflects the fact that the land transfer register is kept and operated electronically and that most dealings in land are carried out electronically; and
(d) by all of the above means, maintains the integrity of title to estates and interests in land.
Principles of land trasfer system (3 & indefeasibility)
- Mirror principle – the register accurately and completely mirrors the state of title.
- Curtain principle – purchasers of land should not concern themselves with trusts and other interests lying behind the curtain of the register. The exception is that some public trusts can appear on titles (see section 153 Land Transfer Act 2017).
- Insurance principle – this provides state guarantee to the title and the interests registered on it and provides for losses incurred as a result of errors in the registry.
Indefeasibility is a core concept of the land transfer system. It protects the registered owner (formerly known as the ‘registered proprietor’) against claims of a competing owner, and against encumbrances, estates and interests not appearing on the register. This system is supported by the state guarantee as to the accuracy of the registered rights. Indefeasibility can be defeated if it can be proven that fraudulent activity has been carried out by the owners in obtaining the title.
