Caveats and Registration

March 29, 2010
by

The Land Transfer Act 1952 in New Zealand provides for 5 types of Caveats.
A caveat is a warning to anyone to be aware. A Caveat is a notice which is registered against a title for any party to be aware that a claim is being made and sought. Caveats do not create new rights, they are used to protect existing ones. The person lodging a caveat must have reasonable grounds to register a caveat. If they don’t then they may be liable to compensate anyone who suffers a loss as a result of the registration.

The different types of Caveats are:
1. A caveat against bringing land under the Act.
2. A caveat against dealing with land.
3. A caveat against an application for prescriptive title.
4. A caveat as notice of interest in respect of compulsory registration of title.
5. A caveat to forbid issue of an ordinary certificate of title to replace a certificate limited by parcels.

Other types of Caveats can be registered by other statutes. As an example Section 42 Property Relationship Act 1976, where a spouse is claiming an interest in the other spouse’s property.

Or

Section 6 of the Joint Family Homes Act 1964 which allows a creditor to possibily lodge a caveat claiming an interest in the land due to debt.

The most common caveat we come across is the caveat against dealings. Generally a caveat is used by a person who wishes to protect an interest in land by preventing the registered proprietor from disposing of the land or dealing with it in a way that would affect the caveators rights and interests.

Caveats can be registered to protect a Purchaser under a long term Agreement for Sale and Purchase, or the Caveator is a lessess under an Agreement to Lease, or the Caveator is a mortgage under an agreement or unregistered mortgage, or the Caveator holds an option to purchase, or if the Caveator is a beneficiary under a Trust.

We would love to hear your comments and feedback :)

6 Comments

  • Mark Adams says:

    Can a caveat be registered over a property that has been sold recently,where the previous owner has not paid for improvements made to the property?

    • Kim says:

      Hi Mark where is the property located that you refer to. As there maybe different laws around the evidence to support the registration of the Caveat on the property. Thanks Kim

      • Mark Adams says:

        The property is in the Kapiti Coast region of Wellington. The property belonged to a trust and was sold by a Court appointed trustee. The trustee has not taken into consideration improvement costs to a third party when he published his indicative distribution.

        • Kim says:

          Hi Mark what was the cause of the sale of the property by a Court appointed Trustee? Thanks Kim :)

          • Mark Adams says:

            Relationship Property (held in a Trust). Trustees (the couple) were removed and replaced by the court. The new trustee consequently sold the property.

  • Mark Adams says:

    LINZ has answered my query, thanks
    Mark

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