New Zealand property law comes with its own vocabulary. Whether you're a first home buyer reading a title search for the first time, a property investor reviewing due diligence documents, or a professional wanting a quick reference, this glossary covers the key terms you'll encounter on a New Zealand Certificate of Title — and what they actually mean for your property.
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A–C
Appurtenant Easement
An easement that is attached to the land and benefits it — as opposed to an easement in gross. An appurtenant easement passes automatically to each successive owner of the benefiting land. For example, a right of way over a neighbouring property to access a rear section. See also: Easement.
Certificate of Title
The former name for the official document proving property ownership in New Zealand. Now formally called a Record of Title following reforms to the Land Transfer Act. The terms are used interchangeably in everyday language. You can order a current Record of Title for $42.90.
Caveat
A legal notice registered on a title that prevents dealings (such as sale or mortgage) without the caveator's knowledge. A caveat is typically lodged by someone who claims an interest in the property — for example, a purchaser under a sale and purchase agreement, or a party claiming an equitable interest. Caveats appear in the "Notifications" or encumbrances section of the title. See our guide: Caveats on Property Titles NZ.
Consent Notice
A notice registered on a title under Section 221 of the Resource Management Act 1991, recording the conditions of a resource consent that run with the land. They bind future owners regardless of whether they were party to the original consent. Common on subdivided sections. See: Consent Notices Explained.
Covenant (Land Covenant)
A legally binding restriction or obligation registered on a title that binds the land and every future owner. Covenants commonly restrict building design, land use, or minimum dwelling size in new subdivisions. Unlike a personal contract, a covenant cannot be cancelled just because the land changes hands. See: Land Covenants in NZ.
Cross Lease
A form of ownership where two or more parties each own an undivided share of the freehold land, and each holds a lease over the area their dwelling occupies. Common in 1970s–1990s New Zealand developments. Cross lease titles carry a "flats plan" showing the leased areas. Owners must get consent from co-owners before making exterior alterations. See: Cross Lease Titles in NZ.
D–F
Dealing Number
A unique identifier assigned to each document (dealing) registered against a title. Mortgages, easements, caveats, and transfers all receive a dealing number when registered. You'll see these referenced in the encumbrances section of a Record of Title. To get the full text of a registered dealing, order an Instrument Document for $39.90.
Deposit Plan (DP)
A survey plan deposited with the Surveyor-General that defines the boundaries of land parcels created by subdivision. A property's legal description typically includes a lot number and a DP number (e.g. "Lot 4 Deposited Plan 123456"). See also: Survey Plan.
Easement
A legal right for one party (the dominant owner) to use another party's land (the servient owner) for a specific purpose. Common types include rights of way, rights to drain, rights to convey services (power, water, telecommunications), and rights of support. Easements are registered on the title of the burdened land. See: Understanding Easements NZ.
Easement in Gross
An easement that benefits a person or entity rather than a piece of land. Common examples include utility company easements for power lines or pipelines, which are held by the company rather than by neighbouring land. The easement doesn't transfer to successive land owners on the benefiting side — it stays with the company. See: What Is an Easement in Gross.
Encumbrance
A broad term for any registered interest, right, or obligation that burdens a title. Encumbrances include mortgages, easements, covenants, caveats, and consent notices. They appear in the relevant section of the Record of Title and remain unless formally removed.
Fee Simple (Freehold)
The most complete form of land ownership in New Zealand. You own the land outright, without limit of time, subject only to law and any registered encumbrances. The opposite of leasehold. Most residential and rural sections are held in fee simple.
Flats Plan
A survey plan used in cross lease titles to show the location and dimensions of each "flat" (dwelling or building) on the shared freehold land. If you own a cross lease property and want to build an extension or add a structure, the flats plan may need to be updated — which requires consent from all co-owners and a new survey.
Freehold
See: Fee Simple. In everyday speech, "freehold" means you own the land, not just a lease over it.
G–L
Guaranteed Search
A title search that gives you certainty about the state of the title at a specific point in time. Unlike a standard record of title (which reflects the current registered position), a guaranteed search confirms no pending dealings have been lodged that could change the title between your search date and settlement. Essential for legal or conveyancing purposes. Order a Guaranteed Search for $45.90. See also: When You Need a Guaranteed Search.
Historical Title
A title that shows earlier ownership and encumbrances, including details that have since been removed from the current record. Useful when researching the history of a property or when a covenant or easement needs to be traced back to its original registration. Order a Historical Title for $42.90. See: How to Find Historical Property Owners NZ.
Instrument
A registered document that creates, modifies, or removes an interest in land. Mortgages, easements, covenants, and transfers are all instruments. When a title shows a dealing number for an easement or covenant, the full text of that instrument tells you the actual terms. Order instrument copies for $39.90.
Leasehold
A title type where you own the right to occupy the land for a defined period (the lease term) rather than owning the land outright. Rent is payable to the freeholder (ground rent). Common in some Auckland suburbs, tourist towns, and on Māori land. At the end of the lease term, ownership of any improvements may revert to the freeholder. See: Leasehold Property in NZ.
Limited as to Parcels
A limitation on a title meaning the boundary dimensions and area are not guaranteed by the register. This typically applies to older rural titles where comprehensive survey data wasn't available when the title was created. See: What Is a Limited as to Parcels Property.
Limited as to Title
A limitation meaning the ownership history of the land is not guaranteed by the register. Less common than Limited as to Parcels. If you encounter this on a title, get specialist legal advice. See: What Is a Limited as to Title Property.
M–R
Māori Freehold Land
Land held under the Te Ture Whenua Māori Act 1993 that has special ownership rules. Multiple owners (succession shares) may hold interests in a single block. This type of land is administered through the Māori Land Court and has different rights and restrictions around sale and development. See: Māori Freehold Land Titles.
Mortgage
A security interest registered on a title in favour of a lender. When you take out a home loan, the bank registers a mortgage over your property. The mortgage stays on the title until the loan is fully repaid and a discharge is registered. A title search showing a registered mortgage doesn't necessarily mean the loan is still outstanding — it may simply not have been discharged yet.
Notification
In New Zealand land title terminology, a notification is a statutory notice registered on a title, distinct from a formal encumbrance. Examples include building act notices (s72–s74 Building Act 2004) indicating earthquake-prone or dangerous building status. See: Building Act Notifications Explained.
Record of Title
The current official term for the document proving land ownership in New Zealand, replacing "Certificate of Title." It records the title number, owners, title type, legal description, and all registered encumbrances. A current Record of Title is the starting point for any property due diligence. Order one for $42.90. See: Record of Title: Complete Guide.
Right of Way
A specific type of easement granting the right to pass over another person's land — typically on foot or by vehicle. A right of way registered over your land means someone else has a legal right to use that part of your property for access. The terms (width, who can use it, maintenance responsibilities) are set out in the instrument document. See: Right of Way Easements NZ.
S–Z
Section 221 Notice
See: Consent Notice.
Servient Tenement
The land that is burdened by an easement — i.e. the land over which someone else has a right of use. The opposite of dominant tenement. When an easement is registered on a title, the title holder is the servient owner.
Survey Plan
A technical plan produced by a licensed cadastral surveyor that precisely defines the boundaries, dimensions, and area of a parcel of land. Survey plans are lodged with the Surveyor-General and referenced by title descriptions. You can order a survey plan for $49.90. See: Survey Plans in NZ: What They Are.
Title Number
The unique identifier for a Record of Title in New Zealand, formatted as a combination of letters and numbers (e.g. NA12D/345 for older titles or a numeric format for newer ones). Every registered parcel of land has a unique title number. See: How to Find a Property Title Number in NZ.
Unit Title
A form of ownership for apartments, townhouses, and commercial units in multi-unit developments. Under a unit title, you own your individual unit plus a share of the common property. Unit title developments are governed by a Body Corporate. See: Unit Titles in NZ.
Vestiture
The formal transfer of legal ownership of land. When a property is sold, the new owner is registered as the vested owner on the title. The date of vestiture is the date ownership legally passed.
Frequently Asked Questions
Where can I find the full text of an easement or covenant registered on a title?
The Record of Title shows that an encumbrance exists and gives you the dealing number. To get the actual terms, you need to order the instrument document ($39.90). This contains the full legal text of the easement, covenant, or other registered instrument — including all conditions, dimensions, and obligations that bind the property.
What's the difference between a notification and an encumbrance on a title?
Both appear on a New Zealand Record of Title, but they have different legal bases. An encumbrance is a registered interest (mortgage, easement, covenant, caveat) that was voluntarily or contractually placed on the title. A notification is a statutory notice placed by a public authority under specific legislation — for example, a Building Act notice indicating an earthquake-prone building assessment. Both are important to check during due diligence.
Can I remove a caveat or covenant from a title?
Caveats can typically be removed if the caveator consents or if a court orders removal. Covenants are harder to remove — they generally require either the consent of the party who holds the benefit (if still identifiable) or a court order. Some very old covenants that no longer serve a practical purpose can be extinguished. This is legal work requiring a qualified property solicitor. See: How to Remove a Caveat NZ.
