Introduction

Welcome to our November Newsletter, we trust you will find the contents of value to your practice and clients.

With the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 and the Land Transfer Regulations 2002 now in force, listed herein is some of the more fundamental issues that now relate to registration requirements and processes.

Due to the large-scale changes we are committed and in constant contact with the Registrar General of Land as to LINZ's interpretation of the 2002 Amendment and Regulations to provide you with policies initiated by the five Land Registries throughout New Zealand.

NEW FORM APPROVALS

Land Transfer Regs 2002, Schedule 2 sets out the new format for forms, basically providing a space for LINZ bar-codes and introducing some new forms (see easements section). As of writing LINZ have not yet provided stationers with an approval format therefore will accept documents in the current format without charging a form approval fee, latest time frames from LINZ for supplying approvals is running between four and twelve months!

As LINZ have not yet provided a time frame for the cut off date of using the old forms the use of existing approved forms and a close copy of the forms set out in the 2002 Regulation is acceptable without a form fee payable.

We are now in the process of having our own forms approved by the RGL to provide you with certainty and convenience should you require us to draft documents for your clients execution (we have provided this service to assist your practice through busy periods, staff absences or to help draft documents you may not be completely familiar with).

Easement's creation automatically

The new 2002 Act and Regulations bring significant advantages for the conveyancer in creating easements.

• All registered easements are now deemed created without the requirement of a transfer.

• Easement certificates can still be utilised however the easements will be deemed created upon registration.

• Transfer, Easement certificate and the new Easement Instrument where the dominant and servient tenements are in common ownership, can create easements or the servient Lot is a part lot (no more hesitation as to the use of either a Transfer or Easement certificate).

• Schedule 4 of LT Regs 2002 updates the now redundant 7th schedule of the 1952 Act which now allows for the right's to convey electricity, gas, telecommunications and computer media.

• As all easements are now created, variations and surrenders can be registered prior to a developer transferring land.

• When using the existing easement certificate to create easements please make the necessary amendment to refer to schedule 4 of the Land Transfer Regulations 2002.

• Easement Certificates can also be adapted for use as an easement instrument for the creation of easements in gross.

CHRISTMAS PARTY

It's hard to believe but the end of the year is rapidly approaching. We will be having a Christmas party and you are all invited. Invitations will be sent out shortly with the venue date and location, we look forward to meeting you in appreciation of your ongoing business and support; we hope you can make it.

KEN HIX STARTING 21 OCTOBER 2002

We are very pleased to welcome Ken Hix to our team. Ken has an extensive background in banking and customer relations. Ken's focus will be ensuring we provide you with the best possible standard of service by understanding your present and future needs in the dynamically changing world of Land and PPSR information.

RECEIVE INFORMATION FROM US BY EMAIL

Please advise Marian at mariank@landinfo.net.nz or Janelle on janellew@landinfo.net.nz should you wish to be added to our email list, this enables us to keep you informed of changes instantly as they happen, we will continue to send hard copies, but due to printing and postage and addressing the delay is considerably longer than receiving the information direct to your desktop.

LAND INFO NET LTD'S NEW REGISTRATION FORMS

With duplicate Titles no longer being required for registration, our policy is to provide pre-registration and post-registration check searches at the agency fee of $5.00 (unless advised otherwise). This enables us to complete our pre and post registration checks and provide you with a copy for your clients and mortgagee's. We now have a new registration form available under printable forms on our website homepage, this provides you with the option of not requesting the above mentioned searches. Please feel free to download and utilise this form or advise us for copies should you not have access to the internet.

F a r e w e l l

Thank you for taking the time to read our newsletter.
We look forward to continuing to provide you with information that will be of value to your practice. Please do not hesitate to contact us if you have any questions or comments in regard to this newsletter - we would love to hear from you.

All back issues are held on this site.

in this issue
Introduction
New forms approval
Easements creation automatically
Landonline stage 2 electronic registration
Christmas Party
Ken Hix starting 21 October 2002
Receive information from us by Email
LandInfoNet ltd's new registration forms
Mortgagees consent
Land covenants
Caveats

• The creation or variation of easement for any land to become or is a servient tenement.
• Any variation of the easement or the dominant tenement.
• The surrender of the Easement.

• Lease instruments
• Lease Variation instrument
• Lease Surrender instrument

Land covenants
Section 90F Land Transfer Amendment Act 2002 allows land covenants to be created in the same manner as easements (utilise the new Easement instrument), allowing ease for developer's to set up covenants prior to marketing for sale. Other aspects are as follows:

• LINZ will now note on request the land receiving the benefit of the covenant, if the request to note is not set out in the document, LINZ will register noting only the land having the burden of the covenant.
• All owners of the land receiving the benefit of the covenant will need to execute the Transfer or Deed only should a request be received to note.
• Developers are now easily able to set up and have the land covenants noted on new Titles issuing at the time of subdivision.

Caveats
The Caveators address for service is no longer required to be within the registration district the caveat is registered in. We are especially grateful of this as we now no longer have to rely on sub agents in the original twelve Land districts being available to pass on Notices relating to Section 145 LT Act 1952.

Our policy (unless you advise otherwise) will be to utilise your physical address details enabling the direct response to your office of any Notices from LINZ with time being of the essence.

Remember should you ever shift office and have ongoing extant Caveats registered, notify us of your change of address details to enable the register to be updated to prevent caveats lapsing unintentionally through notices being sent to old addresses.

Section 145A (1) of the 2002 Act allows for the registered proprietor to request a caveat to lapse without the need of following registration (dummy mortgage), unfortunately this section is not yet in force. It is intended to occur early in the New Year, we will keep you posted.