What is a Record of Title?

Every property in New Zealand has a Record of Title (formerly known as a Certificate of Title). A Record of Title is the legal document that records the registered owners of a property, the property size and type, and other details such as the rights or restrictions registered against a property.

If you own a property in New Zealand, your lawyer would likely have provided you with a copy of your property’s Record of Title when you purchased the land. If you purchased your property a while ago and no longer hold a copy of your Record of Title, you can order your Record of Title online and have a copy emailed to you using the Land Information New Zealand (LINZ) Record Search.

What do you commonly see on a Record of Title?

A Record of Title lists all of the rights and restrictions that are registered on a property. Here are some examples of interests that we commonly see on Record of Titles:

Mortgage to Bank: If you obtained a mortgage to purchase your property, then the mortgage to your bank will show on your property’s Record of Title.

Section 11 Crown Minerals Act 1991: If this memorial shows on your property’s Record of Title, this means all minerals existing in their natural condition found on the land belong to the Crown.

Section 115 Public Works Act 1981: If this memorial shows on your property’s Record of Title, this indicates that part of the land was taken compulsorily for public works at some stage.

Land Covenant: A land covenant is an obligation for a landowner to do something (or not do something) in relation to their land. If you have a land covenant registered against your property’s Record of Title, this will record either the restrictions you have on your property, or the restrictions placed on a neighbouring property which your property benefits from (or sometimes both).

Fencing Covenant in Transfer: This is a common covenant which only last 12 years and is pursuant to the Fencing Act 1978. If the person that sold the property to you registered a fencing covenant against the property, then that person will not be required to contribute to a boundary fence between your properties if you are neighbours.

Our recommendation:

We recommend knowing and understanding the different interests registered on your property’s Record of Title (or any property you are looking at purchasing), as there may be rights or responsibilities relating to the property that you should be aware of. If you have any questions about your property’s Record of Title, you can contact your local lawyer, and they should be able to help.