Certificate of title & restrictions on use

What the certificate of title will tell you, how to get one, and possible restrictions on the use of the land.

Certificate of title

The certificate of title (CT) will tell you the size and general shape of the section, who owns it and whether there are mortgages, leases, rights of way or other interests registered against the title.

It will also tell you whether the land is freehold or leasehold.

Getting a certificate of title

You can get a copy of the CT yourself or ask your lawyer, project manager or another search agent to get it for you.

There are many search agents available. Look in the Yellow Pages under Real Estate Agents, Property Management, Land Information, Resource Management, Document Services, Legal Agents, Lawyers, and Surveyors.

If you are doing the search yourself, you will need:

• the correct Land District - you can get this from the Land Information NZ (LINZ) website.
• You also need the CT number. Get this from the real estate agent, property developer, or go to a LINZ processing centre. (You will need the legal description of the property, e.g. Lot 1 DP 1234, which you can get off the rating records for that address).

Once you have the CT number, you can order a copy of the CT by:

• visiting a LINZ processing centre
• through the LINZ skylight service website,
• or you can post or fax in a request. A small fee is payable. You should get a copy of the CT within 36 hours.

Note that some councils require you to have a copy of the CT before you can apply for a LIM. This is to make sure you are researching the correct section. For example, if you give the street address for a vacant section that happens to be a cross lease [define], you may get a LIM for all the units that have already been built on the other parts of the cross lease. 

Covenants and easements

Covenants and easements are restrictions and obligations on the use of the section. They are usually put on the title by the developer when the land is subdivided. But anyone - for example, a person selling off a back section subdivided from their own property – can impose covenants and easements to give themselves some control over the way the new section is used.

Examples of covenants are:

• Controls over the way houses are built, i.e. size, type of materials, even the plans and the time within which construction is to be completed. Also the type and size of fencing allowed.
• Restrictions against people operating a business from home.
• Restrictions on the types and numbers of pets.
• Height restrictions to protect views.
• Protection of trees or bush.

An example of an easement might be a right of way giving access to the back section, or a right to pipe water across one section to the other. It is important to know that you can’t usually build over whatever the easement is protecting. This could limit your use of the section.

Covenants and easements are recorded on the CT and continue even after you’ve built your house. Depending on what the covenant and easements impose, you need to know that:

• You can comply fully with the covenant or easement.
• The covenant applies equally to the other sections in the subdivision, and not just to you. For example, if height restrictions apply you’d want your neighbour to be subject to them too so that you don’t get overshadowed.
• The resale value of your property won’t be affected – covenants and easements stay on the title even when you sell.

Have your lawyer check the details for you as part of the title search [define].