Redundant Fencing Covenants – Property Conveyancing

When undertaking a Property Conveyancing Purchase or Sale a search of the Certificate of Title will ascertain what encumbrances are registered on the Title.

A Registered Conveyancing Practitioner must thoroughly check these encumbrances as there is a Requisition Clause 5 in the fine print of the Sales and Purchase Agreement which enables the Purchaser to Requisition any defect on the Title.

If there is a Redundant Fencing Covenant which has expired and this information will be contained in the body of the Covenant you could ask the Vendor’s Property Conveyancing Practitioner to have this removed prior to settlement and possession which would clean up the Certificate of Title for the Purchaser.

The process is pretty straight forward. All the Property Conveyancing Practitioner acting for the Vendor needs to do is contact Land Information New Zealand and request it to be removed. It does not need to have any Application for removal to be included in the edealing itself.

So if you have a Redundant Fencing Covenant registered on your Title and you would like us to check it out and see if it can be removed just contact us.

Cheers Kim