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Conveyancing

Read the title.

Property titles give an accurate, up-to-date picture of legal ownership and reveal rights and restrictions that could affect your plans.

Understanding Your Title

What's in a Record of Title?

Your lawyer will obtain and review the title from Land Information New Zealand (LINZ) as part of the conveyancing process.

Record of Title

Computer Freehold Register

LINZ Reference HBxxxxxx
1

Core Information

Proprietor (Owner)

Confirms who legally owns the property. This should match who is selling. If there are multiple owners, all must sign.

Estate (Type)

Shows ownership basis: freehold, leasehold, unit title, or cross-lease. Affects what you can do with the property.

Legal Description

Precise identification: lot number, deposited plan number, and land area.

2

Registered Interests

Rights and restrictions that affect what you can do with the property:

Easements

Rights for others to use the land for a specific purpose. Common examples: rights of way (driveway access), utility easements for power, water or drainage.

Example: If there's a drainage easement across the back, you cannot build over it.

Covenants

Rules that restrict or allow certain activities. Often imposed when land is subdivided to maintain standards.

Example: A covenant might prevent cutting certain trees or building above a certain height.

Caveats

A notice that someone other than the owner claims an interest. The property usually cannot be sold until the caveat is removed.

Example: A family member who loaned money for the deposit might register a caveat.

Mortgages

If the property has a mortgage, this is recorded. The mortgage must be discharged on sale.

Example: The vendor's bank will need to release the mortgage at settlement.

Read our detailed guide on easements, covenants and caveats to understand how these registered interests may affect your property.

Why Professional Review Matters

While you can order a basic title search yourself, the registered instruments are legal documents that require expertise to interpret. A conveyancer or property lawyer ensures you understand the legal implications before you commit.

Additional Council Information

LIM Reports: Beyond the Title

A Land Information Memorandum (LIM) report from the local council provides information that isn't on the title but is important for property buyers.

Planning & Zoning

  • Current zoning
  • District plan rules
  • Proposed zone changes

Building & Consents

  • Building consents issued
  • Code compliance certificates
  • Outstanding building issues

Services & Rates

  • Stormwater/sewage drainage
  • Any rates owing
  • Council service connections

Hazards & Heritage

  • Flood or erosion risk
  • Heritage protection
  • Contaminated land status

LIM reports are obtained from the relevant council (Napier City Council or Hastings District Council in Hawke's Bay) and usually take 10 working days. Your lawyer can advise whether a LIM is necessary for your purchase.

What your lawyer will do.

1

Obtain the Record of Title

We obtain the title from LINZ along with all registered instruments - the documents that create easements, covenants, caveats and mortgages.

2

Retrieve All Registered Instruments

Each easement, covenant, and other interest has an underlying document that explains exactly what the restriction means. We obtain and review all of these.

3

Explain What Each Restriction Means

We translate the legal language into plain English and explain how each restriction affects your intended use of the property.

4

Identify Issues Needing Resolution

If there are any problems - caveats that need removing, unclear easements, or other issues - we identify these and work to resolve them before settlement.

Key Takeaways

01

The title confirms who owns the property and how it's owned.

02

Easements, covenants and caveats affect what you can do with the land.

03

Your lawyer will obtain and explain all registered instruments.

04

A LIM report provides additional council information not on the title.

05

Title issues should be resolved before settlement.

Related Guide

Buying your first home? Our step-by-step guide walks you through the entire purchase process, including what to look for in property titles.

Read the First Home Buyer's Guide

Buying property in Hawke's Bay?

Our conveyancing team conducts thorough title searches and explains exactly what any restrictions mean for you. We make sure you understand before you commit.

Or call us on 06 835 7394

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