Tag: Register

Property Conveyancing – What is a Personal Property Securities Register

 

If you purchase items on hire purchase, such as fridges, washing machines, electrical goods, motor vehicles, boats, caravans or utilise any type of credit to complete your purchase you will probably find your details have been registered by the secure part on the Personal Property Securities Register (PPSR).

The details registered will include your name, date of birth, address and a description of the purchase of goods.

Please note that the PPSR record does not record the financial details of the transaction such as the amount borrowed or the value of the item/s.

When your information has been registered by either the Lender, Finance Company or Bank you must be sent a copy of the statement unless you waived this right at the time of signing your agreement. So it is always important to read the fine print in any Contract you enter into.

If you notice that any of the details are incorrect you have the right to ask them to be corrected. If you owe money on the items you wish to sell you should not sell them without the written permission of the company you owe the money to as they may require to the debt to be repaid from the sale proceeds. If you do not you risk the person you sold the goods to of a possible repossession by the Creditor.

When an Agreement for Sale and Purchase is completed and the chattels are listed in the Agreement your Conveyancing Practitioner must complete a Personal Property Securities Register Search to ensure the chattels are not subject to any hire purchase agreement. The last thing you want is to have your property conveyancing completed and then discover someone is knocking on the door to repossess items.

For more information visit us @ https://www.propertyconveyancingservices.com or connect with our facebook @ https://www.facebook.com/conveyancingservices.

To your success Cheers Kim :)

Caveats and Registration

March 29, 2010

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.

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