Find web pages, publications, and documents
When the mode is Lease/Mortgage/Other this checks the registered owner/interest holder for the new instrument are the same as the registered encumbrancees for the affected instrument number or are encumbrancees created by a prior instrument in the same dealing.
Checks transmission type is appropriate for the ownership. For example, joint tenancy for transmission by Survivorship.
Checks the share entered is not more than the transferor owns.
This warning only runs for the 1st instrument in the dealing. It provides an additional warning for dealings containing initiated plans.
For Caveat instruments this rule checks at pre-validation and submission if there are any A143, A145, S145, M143, M145, TPS, CO instruments on the affected titles.
If the title is less than 10 years old it will check prior title references until it has checked back to one that is more than 10 years old. If any of those instruments are found or it is otherwise unable to complete the check the rule will fail and step the instrument down to Lodge for checking by Toitū Te Whenua staff.
Checks each instrument has been signed for each role by a conveyancing professional (CP).
This rule will not fail at submit if the CP is no longer associated with the firm and no longer has signing rights.
Checks that AIN exists, is the correct type and appears on all titles in the prepared instrument. This check is applied to title estates as well as current memorials on titles.
Checks that the instrument being discharged or withdrawn is current on all affected titles and the instrument is the correct type for the instrument. For example, when discharging a mortgage a Discharge of Mortgage has been used.
Checks whether the affected instrument number is referenced in any prior full Discharge of Mortgage instrument with a non-final status.
Checks that:
If a new title is being issued from an instrument this rule will not run and the dealing will step down to Lodge.
