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StatuteLand Transfer Act 1952

Section 199 — Land Transfer Act 1952: Application of Act to limited certificate of title

Text of the provision Official document

199 Application of Act to limited certificate of title (1) Except as otherwise provided in this Part of this Act, all the provisions of this Act shall, so far as the circumstances of the case will admit, apply with respect to the land comprised in a limited certificate of title, and to the registration of instruments and other matters affecting the land, save that the title of the proprietor of an estate or interest in any land comprised in a limited certificate of title shall be indefeasible only against the person named in the original limited certificate of title for that land, and all persons claiming through, under, or in trust for him: Provided that a limited certificate of title, and the memorials entered thereon of outstanding interests in the land comprised therein, shall be evidence or conclusive evidence, as the case may be, of the matters referred to in section 75 of this Act, subject only to— (a) The doing of the acts, and proof of the matters, and compliance with the requisitions set forth in the Registrar's minutes: (b) The title to the land, or to any estate or interest in the land, of any person, the existence of which title, or the probable or possible existence of which, is set forth or indicated in the Registrar's minutes: (c) The title of any person to or in any existing lease or agreement for a lease for a term not exceeding 7 years from the date thereof: (d) The title (if any) of any person adversely in actual occupation of, and rightfully entitled to, any such land or any part thereof. (2) Sections 62 , 63 , 65 , 75 , 79 , 182 , and 183 of this Act shall, in their application to a limited certificate of title, be deemed to be modified accordingly. (3) Notwithstanding the provisions of section 64 of this Act, the issue of a limited certificate of title for any land shall not stop the running of time under the Limitation Act 1950 in favour of any person in adverse possession of that land at the time of the issue of the certificate, or in favour of any person claiming through or under him. Compare: 1924 No 32 s 16

Official source: legislation.govt.nz

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