If someone applies to LINZ to lapse a caveat or a notice of claim that you have lodged, the Registrar-General of Land (the Registrar) will notify you in accordance with section 143(2) of the Land Transfer Act 2017.
The notice
A notice of an application to lapse a caveat or notice of claim will read:
Land Transfer Act 2017 – Section 143: Notice of Lapse of Caveat/Notice of Claim
TAKE NOTICE that application has been made by [name of person] to lapse the Caveat/Notice of Claim lodged by you.
How to stop the caveat or notice of claim from lapsing
This is a statutory process that is set out in sections 143(3) to (8) of the Land Transfer Act 2017.
To prevent your caveat or notice of claim from lapsing, you must apply to the Court for an order that the caveat or notice claim not lapse. This must be done before the end of the prescribed lapsing period specified in the notice.
View information on Lapsing a caveat or notice of claim — including:
- when notice is given
- the first time period within which you must notify the Registrar that you have made an application to the High Court that the caveat not lapse
- the second time period within which you must obtain an order from the High Court and serve it on the Registrar
- how to notify the Registrar
- lapsing over the Christmas / New Year period.
Legal advice
LINZ is unable to provide legal advice on these matters.