Some instruments in Landonline (eg Easements, Leases etc) require consents from affected interest holders (eg mortgagees, caveators, territorial authorities etc).

These types of instruments will display multiple certification options for each interest on the affected title(s)and it is important that the Conveyancing professional (CP) fully understands these different certification options.

If there are different mortgages/caveats on different titles, all of the mortgages/caveats etc will be displayed for certification.

When signing these types of instruments the CP will need to select the appropriate option for their client and the mortgage/caveat.

For example: An easement will display the following mortgage certification options for the grantor to select from:

  1. I certify that the Mortgagee under Mortgage 123456. 1 has consented to this transaction and I hold that consent
  2. Mortgage 123456.1 is being discharged/extinguished in a prior dealing or in the same dealing
  3. Mortgage 123456.1 does not affect the servient tenement, therefore the consent of the Mortgagee is not required.

If the CP is acting for the grantor and the mortgage number refers to their clients land (ie the servient tenement), the CP should select either 1 or 2 depending on the situation:

  • If the mortgage is being discharged in the same dealing or in another dealing that will be registered prior to this dealing, then the CP can select option 2.
  • If the mortgage is not being discharged or won’t be discharged until after the registration of this dealing, then the CP should obtain the consent of the mortgagee and select option 1.

However if the mortgage number refers to the other parties land (ie the dominant tenement), then the CP can select option 3.

If the easement being granted is a reciprocal easement (ie the parties for both titles are granting easements), the dealing should be set up with each CP as both grantor and grantee (see Setting up an edealing instrument with multiple parties).

In this case the CP will make certifications in relation to those mortgages that affect their clients land (eg Options 1 & 2) and can select option 3 in relation to the mortgages that affect the other parties land, as the CP for the other parties will hold the consent for their mortgagees.

Certify and sign page screenshot

For a Variation or Surrender of easement an additional certification option will display:

I certify that the territorial authority has consented to this transaction and I hold that consent, or the affected easement is not the subject of a condition imposed by the territorial authority.

If the easement being varied or surrendered is a compulsory easement, the councils consent will be required pursuant to s243(a)(iv) Resource Management Act.

For a variation of cross lease, the following certifications will display for the lessor:

  1. I certify that the Mortgagee under Mortgage 123456.1 has consented to this transaction and I hold that consent
  2. Mortgage 123456.1 is being discharged/extinguished in a prior dealing or in the same dealing
  3. Mortgage 123456.1 does not apply to the estate or interest affected by this transaction

The third option should only be used if there are separate CP's acting for the different lessors and the Mortgage affects the lease that is not being varied.

Last Updated: 12 November 2018