Certificate of Title
The official legal document registered with LINZ that proves who owns a property and records all registered interests affecting it.
What is a Certificate of Title?
The certificate of title (often just called 'the title') is the cornerstone document of property ownership in New Zealand. It's maintained electronically by Land Information New Zealand (LINZ) under the Torrens system of land registration.
A certificate of title contains essential information: the legal description of the land (lot and plan numbers), the registered owner(s), the title type (fee simple, leasehold, etc.), and all registered interests — including mortgages, easements, covenants, and encumbrances. It also records the ownership structure (joint tenancy or tenancy in common).
When you buy a property, the title is updated electronically to show you as the new registered owner. Your lawyer handles this registration process as part of settlement. The Torrens system guarantees that the person shown on the title is the legal owner, backed by a government guarantee.
Why It Matters for Due Diligence
The certificate of title is the single most important document in any property transaction. Every registered interest on the title can affect what you can do with the property and its value. Your lawyer must review every memorial (entry) on the title and explain what each one means for you.
Pay particular attention to easements, covenants, and encumbrances. If the title references instruments (detailed documents), make sure your lawyer obtains and reviews these too — the title itself only gives a brief description.
How to Check
You can order a certificate of title from the LINZ online service (Landonline) for around $15-$25. Real estate agents often provide a copy in the property file. Your lawyer will obtain a current title search as one of the first steps in the conveyancing process.
Always work from a current title — titles can change, so don't rely on an old copy provided by the seller or agent.
Frequently Asked Questions
How do I get a copy of a property's title?
You can order one online through LINZ's Landonline service for around $15-$25. You'll need the property address or the title reference number. Real estate agents also typically include a copy in the property information pack.
What does 'registered interest' mean on a title?
A registered interest is any legal right or claim recorded against the property — such as a mortgage, easement, covenant, or encumbrance. These interests bind future owners, so you need to understand them before buying.
Related Terms
Torrens System
GlossaryNew Zealand's land registration system where the government guarantees the accuracy of the title register, meaning the person on the title is the legal owner.
Fee Simple
GlossaryThe legal term for freehold ownership — the most complete form of property ownership available in New Zealand.
Freehold
GlossaryThe most complete form of property ownership in New Zealand, giving the owner full rights to both the land and any buildings on it.
Easement
GlossaryA legal right allowing someone to use part of another person's land for a specific purpose.
Encumbrance
GlossaryAny registered claim, charge, or restriction on a property's title that may affect the owner's ability to use or transfer the property freely.
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