New Zealand Law/Property

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Standard Form of Registrable Memoranda[edit]

Searching Titles[edit]

  • Bradley v AG [1978]

Requirements of Registrable Instruments[edit]

Priorities between Instruments[edit]

Caveats[edit]

  • Sims v Lowe
  • Harrison v NZI Bank ltd
  • Holt v Anchorage Mgt
  • Landco Albany v Fu Hao Construction

Indefeasibility of Registered Title[edit]

  • Frazer v Walker
  • Davies v Laughton
  • Duncan v McDonald
  • Faulkner v Tauranga DC
  • Bunt v Hallinan
  • Sutton v O’Kane
  • Congregational Christian Church v Broadlands
  • Efstratiou v Glantschnig

Powers of Corrections - ss 80 and 81 LTA[edit]

80 Errors in register may be corrected

(1) The Registrar may, upon such evidence as appears to him sufficient, subject to any regulations under this Act, correct errors and supply omissions in certificates of title or in the register, or in any entry therein, and may call in any outstanding instrument of title for that purpose.
(2) The Registrar may cancel or correct any computer register and, if appropriate, create a new computer register in order to correct any error or supply any omission in any computer register.

81 Surrender of instrument obtained through fraud, etc

(1) Where it appears to the satisfaction of the Registrar that any certificate of title or other instrument has been issued in error, or contains any misdescription of land or of boundaries, or that any entry or endorsement has been made in error, or that any grant, certificate, instrument, entry, or endorsement has been fraudulently or wrongfully obtained, or is fraudulently or wrongfully retained, he may require the person to whom that grant, certificate, or instrument has been so issued, or by whom it is retained, to deliver up the same for the purpose of being cancelled or corrected, as the case may require.
(2) If the Registrar is satisfied as to any matter referred to in this section and there is a computer register involved, the Registrar may cancel or correct any computer register and, if appropriate, create a new computer register.
(3) The Registrar must not take action under subsection (2) without first giving notice to any person appearing to be affected and giving a reasonable period for any response.

Mortgages and Leases[edit]

  • Downsview Nominees v First City Corp
  • Neva Hldgs v Wilson
  • Italia Holdings v Lonsdale
  • Fatac Ltd v Commissioner for Inland Revenue
  • Cash Handling v Augustus Terrace
  • Nordern v Blueport

Easements[edit]

  • Jansen v Mansor

Covenants[edit]

Encroachment[edit]

  • Kingfish Lodge v Archer

Co-ownership[edit]

  • Re Foley
  • Fleming v Hargreaves
  • McMahon v McMahon

Resource Management Act[edit]

Subdivision of Land[edit]

Joint Family Homes Act 1964[edit]

Flats, Home Units and Offices[edit]

  • Disher v Farnworth

Residential Tenancies Act 1986[edit]

Deeds Registration Act[edit]

Maori Land[edit]

  • Te Runanganui o Te Kia Whenua v AG
  • AG v Ngati Apa

Standard Agreement for Sale and Purchase of Real Estate[edit]

See also[edit]