The notice
A notice that a caveat has been lodged against your record of title will read:
Caveat Notice Pursuant to Section 139 of the Land Transfer Act 2017
TAKE NOTICE that a Caveat has been lodged with Land Information New Zealand by [name of the person who lodged the caveat] forbidding the registration of any Memorandum of Transfer or other instrument affecting the land contained in Record of Title [title number].
A notice that a notice of claim has been lodged against your record of title will read:
Notice of Claim of Interest under the Property (Relationships) Act 1976
TAKE NOTICE that a notice of claim has been lodged with Land Information New Zealand by [name of the person that lodged the notice of claim] forbidding the registration of any Memorandum of Transfer or other instrument affecting the land contained in Record of Title [title number].
What is a caveat or notice of claim
A caveat against dealings may be lodged under section 138(1) of the Land Transfer Act 2017, by a person claiming an interest in land. A caveat provides notice of the interest claimed and will prevent registration of subsequent transactions until it is withdrawn or removed.
A notice of claim may be lodged under section 42 of the Property (Relationships) Act 1976. It acts as a notice that a person (the claimant), claims an interest in the property because of their relationship with the legal or beneficial owner of the property.
See our guidance on the effect of a caveat or notice of claim.
Who is claiming an estate or interest in my property
The name of the person who has lodged the caveat or notice of claim is stated in the first paragraph of the notice.
Why was the caveat or notice of claim lodged against my record of title
A caveat or notice of claim may be lodged to protect the caveator’s or claimant’s unregistered interest in the property.
Common scenarios that may result in a caveat or notice of claim being lodged include the following.
- You have borrowed money from or guaranteed a loan to someone else and agreed that your property may serve as security for the loan — you may have agreed with the lender that the lender could caveat your title.
- You have agreed to sell your property — the buyer may caveat your title.
- You are separating from your partner who claims an interest in your property — your partner may place a notice of claim on your title.
If you are unsure why a caveat or notice of claim has been lodged, you can order a copy of it from LINZ. The caveat or notice of claim will include a description of the estate or interest claimed by the caveator or claimant.
How can I order a copy of the caveat or notice of claim
A copy of the caveat or notice of claim can be ordered using LINZ’s Land Record Search service. A copy will cost $8.
The type of record to order is an “Instrument” and the “Instrument number” is the caveat or notice of claim number stated in the notice.
The copy of the caveat or notice of claim will describe the basis on which the claim has been made, what the caveat prevents, and whether there are any exceptions.
View information on Land Record Search
What is the effect of a caveat or notice of claim
A caveat or notice of claim has the effect of preventing other instruments, for example a transfer or a mortgage, from being registered against the record of title, until the caveat or notice of claim is removed.
There are some exceptions and instruments that are explicitly permitted by the caveat or notice of claim, or that have been consented to by the caveator or claimant, may still be registered.
A caveat or notice of claim does not change the ownership of a property or give the caveator a registered interest in the land.
When will the caveat or notice of claim be removed
A caveat or notice of claim will remain on the record of title until one of the following has occured.
- It is withdrawn by the caveator or claimant.
- It has lapsed.
- It's been removed by the court under the relevant provisions of the Land Transfer Act 2017 or the Property (Relationships) Act 1976.
View information on Removing a caveat or notice of claim from a record of title
Why did LINZ allow the caveat or notice of claim to be entered on the record of title
Provided the registration requirements for caveats or notices of claim under the Land Transfer Act 2017 or the Property (Relationships) Act 1976 are met, LINZ must enter the caveat or notice of claim against the affected record of title.
See our guidance on legal advice.
Removing a caveat or notice of claim from a record of title
A caveat or notice of claim can only be removed in accordance with sections 142 to 144 of the Land Transfer Act 2017 or section 42(3)(a) or (aa) of the Property (Relationships) Act 1976.
Withdrawal by the caveator or claimant
The caveator or claimant may withdraw the caveat or notice of claim under section 144 of the Land Transfer Act 2017. If the parties agree, this is generally the simplest and quickest method of removal.
Lapsing a caveat or notice of claim
The registered owner or other person with an interest affected by the caveat or notice of claim may apply to lapse the caveat or notice of claim under section 143(1) of the Land Transfer Act 2017 or section 42(3)(aa) of the Property (Relationships) Act 1976.
This starts a statutory process, as set out in sections 143(2) to (8) of the Land Transfer Act 2017, and puts an onus on the caveator or claimant to apply to the Court to stop the caveat or notice of claim from lapsing.
As this may result in court proceedings, you may wish to seek independent legal advice before applying to lapse the caveat or notice of claim.
View information on Lapsing a caveat or notice of claim
Removal by Court order
A caveat or notice of claim may be removed by the Court under section 142 of the Land Transfer Act 2017 or section 42(3)(a) of the Property (Relationships) Act 1976.
If the Court makes an order directing that the caveat or notice of claim is removed, the order can then be lodged for registration.
Second caveats or notices of claim cannot be lodged
If a caveat or notice of claim has been removed by the Court under section 142 or has lapsed under section 143, another caveat or notice of claim cannot be lodged by or on behalf of the same person to protect the same estate or interest, unless the court permits it.
Legal advice
If you have any questions or concerns about the reason why a person has entered a caveat or notice of claim on the record of title for your property, or you would like some advice about how to remove it, we suggest that you seek independent legal advice. LINZ is unable to provide legal advice on such matters.
Under section 147 of the Land Transfer Act 2017, LINZ has no power to look behind the matters stated in the caveat or notice of claim or undertake any investigation to determine whether or not the interest claimed can be substantiated. If disputed, these are matters for the courts to determine.
Under section 148 of the Land Transfer Act 2017, any person who lodges a caveat or notice of claim without reasonable cause may be liable to pay compensation to a person who suffers loss or damage as a result. Such claims must be heard and determined by the courts. LINZ has no role in determining such claims.