New Zealand Gazette – 1865 – No. 12A

Page 107

✨ Land Transfer Regulations Text



SUPPLEMENT TO THE NEW ZEALAND GAZETTE. 107

  1. No transfer of proprietorship of land or charge shall be registered
    without delivery up of the existing certificate, except in case of sale or transfer
    under order or decree of the Supreme Court.

GENERAL REGULATIONS RELATING TO TRANSFERS OF LAND
AND CHARGES.

  1. When any land or charge is transferred entire, the District Registrar
    shall write or cause to be written across the register a minute indicating such
    transfer, and shall sign the same.

  2. Where land is subdivided a new entry shall be made in the Register
    of Proprietors, in respect of each subdivisional part, including the part, if any,
    retained by the original proprietor, and minutes shall be written across the
    register indicating such subdivisional transfers.

  3. A proprietor intending to subdivide his land by consecutive transac-
    tions may deposit with the District Registrar his land certificate pending such
    transactions, and may, by writing, request that such land certificate may be
    retained pending such transactions, and the same shall be retained accordingly.
    In every such case, as each subdivision takes place, the District Registrar
    shall indicate such subdvision upon the Register of Proprietors by proper
    references. The original Proprietor may at any time require the District
    Registrar to issue a certificate of his title to the land remaining undisposed of,
    and thereupon the District Registrar may make the necessary entry on the
    register and issue a certificate accordingly.

  4. If land be transferred or devised to more persons than one as tenants
    in common or in coparcenary, each tenant in common or coparcener, as the
    case may be, shall be registered as Proprietor in respect of his or her undivided
    share, and all the regulations applicable to the registration of the title to land
    shall be applicable to the registration of Title to undivided shares of land.

  5. Charges can only be transferred in their entirety.

  6. Deeds of transfer shall be numbered and indexed according to Regu-
    lations made from time to time by the Registrar General.

TRANSMISSION.

  1. Before registering a title on the death of a deceased proprietor the
    District Registrar shall fix a time for hearing objections thereto, and he shall
    notify the same by advertisement, and shall hear such objections and other-
    wise proceed in reference thereto in such manner as in the case of an original
    application to register Title mutatis mutandis.

  2. Upon any application made to register Title, upon the death of a sole
    registered proprietor, or of the survivor of several joint registered proprietors,
    it shall be the duty of the District Registrar to satisfy himself, whether the
    deceased held the land in his own right or as a trustee, whether he died testate
    or intestate. If testate he is to satisfy himself as to the validity of the will or



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Online Sources for this page:

VUW Te Waharoa — PDF NZ Gazette 1865, No 12A




✨ LLM interpretation of page content

🗺️ Continuation of General Regulations relating to Transfers of Land and Charges (continued from previous page)

🗺️ Lands, Settlement & Survey
5 April 1865
Land transfer, Registration, Proprietorship, Subdivisions, Charges, Transmission, Deceased proprietor