Understanding New Zealand's official land ownership documents and what they mean for property buyers, owners, and professionals.
What is a Record of Title?
A Record of Title (previously called Certificate of Title) is also known as a computer register, unique identifier, or property title. It is the official document that shows ownership of the land it describes, and the rights and restrictions that apply to the land.
In New Zealand, most privately owned land (excluding some forms of Māori land) is held under the land title system of the Land Transfer Act 2017 (previously the Land Transfer Act 1952) and is subject to public record.
💡 Good to know:
New Zealand's official land registry is responsible for all land transfers and for keeping title records. certificateoftitle.nz is directly connected to the official land registry database to provide the most current information registered on the title.
Records of title have been recorded electronically since 2002, and all earlier paper-based records of title were converted into computer registers between 1999 and 2002.
Changes Under the Land Transfer Act 2017
The Land Transfer Act 2017 reflects changes to the predominantly digital environment of electronic registration under which conveyancing and land registration now operates. In November 2018, significant changes to 'records of title' were made, including:
⚠️ Important:
A record of title is only reliable if it includes all the information currently registered. Otherwise, it is what is known as a 'stale' search. The only way to ensure accuracy is to obtain your own current copy of the record of title.
Types of Title Searches Available
A copy of a record of title can be requested in any of the following forms:
Types of Legal Tenure
There are four different types of record of title (legal tenure):
🏠 Freehold Estates
Previously computer freehold registers (CFRs) for freehold (fee simple) land. The highest form of land ownership in New Zealand — as close as possible to absolute ownership and permanently enduring.
📋 Leasehold Estates
Previously computer interest registers (CIRs) for leasehold land or any land of lesser interest than freehold. Most commonly held under Glasgow leases, typically for 21-year terms.
🏗️ Stratum Estates
Under the Unit Titles Act 2010 (previously CUTRs) for stratum in freehold or leasehold interests in unit-titled developments. Common property is owned by the body corporate.
⚖️ Other Estates
Previously composite computer registers (CCRs) — combinations of other types. For example, cross lease titles combine freehold and leasehold registers.
Freehold Characteristics
Cross Lease Properties
Cross lease properties usually comprise an underlying estate in fee simple. This gives the joint owners an undivided proportionate share of the total land area, and a long-term lease (usually 999 years) for the specified building and structures. A cross lease provides two layers of rights – rights of ownership and rights of use.
With every cross lease, there will be a flats plan showing the footprint of buildings and permanent structures. The external dimensions of each flat must be correctly recorded on the title. Any variation may indicate a defective title.
- 🚩 Defective title risk — Rectifying requires resurvey and new flats plan registration
- 🚩 Building restrictions — Check lease for footprint alteration rules
Co-ownership of Land
There are two forms of co-ownership:
Joint Tenancy
A joint tenancy exists when two or more people jointly own a property with no mention of separate shares. Under section 47 of the Land Transfer Act 2017, if two or more people are named in a transfer, they will be deemed joint tenants.
The key feature is 'the right of survivorship' — if one tenant dies, the surviving tenant/s own the whole estate. Joint tenants can only dispose of their interest during their lifetime, not through a will.
Tenancy in Common
Under tenancy in common, there is no right of survivorship. Each tenant is free to dispose of their interest through sale, will, or gifting. Each person has a defined but undivided share — proportioned equally or disproportionately.
Elements on a Record of Title
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