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Changes to terminology in the new Land Transfer Act 2017

30 January 2019

While the main principles of the land registration system have been retained, the Land Transfer Act 2017 (the new Act) revises and modernises the Land Transfer Act 1952. The new Act  does this by adopting a range of reforms proposed by the Law Commission in its 2010 report.

New terminology introduced under the new Act will require amendment to the ADLS-REINZ approved forms including the agreement for sale and purchase for land. Some of the changes to terminology under the new Act are:

  1. The introduction of a “record of title” which refers to the registered ownership and interests affecting the estate for freehold, leasehold, and stratum property. A record of title will replace references to “certificate of title” and  “computer register”.   
  2. “Registered proprietor” is to be replaced with simply the term “registered owner”.
  3. Reference in easements to the “dominant tenement” and the “servient tenement” is to be replaced with notions of the  “burdened land” and the “benefited land”.

The changes to terminology under the new Act are designed to reflect modern usage, less jargon, and to ensure the wording is consistent with other legislation.

The Land Transfer Act 2017 came into force on 12 November 2018.

Should you wish to discuss any of the above please do not hesitate to contact Gaynor McLean (DDI: (09) 914 3528; g............@glaister.co.nz)