Transferee must be a natural person or legal entity

When preparing a conveyancing transaction, if the party taking title (as transferee, mortgagee or otherwise) is something other than a natural person it is essential to confirm that party is in fact a legal entity capable of being registered as a landowner under the Land Transfer Act 2017.

Obvious examples would include a company incorporated under the Companies Act 1993, a corporate sole or other incorporated entity.

In the absence of any specific authorising legislation, unincorporated associations, societies, partnerships or trusts cannot take registered title to land. LINZ monitors these matters and will reject non-complying transactions or require the responsible practitioner to take corrective action.