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The land transfer laws of Australasia: being the full text with side notes ... online

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name this day o£ , 18 . (l.s.) M.N., Begistrar, &c.

Signed in the presence of

SECOND SCHEDULE.

s«».i8 Poem A. — Application to briii^g Laiid uia>EB the Act.

I, A.B., of , do declare that I am [or on behalf of , of

, that he is] seized of an estate of freehold [here state whether of

itthmitanee or of a Itfe estate, and whether held in trwf] in all that piece of



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WBW ZEALAND LAND TBANSPfiffit ACT. 97

land situftted in [here sUOe the situation], oontamin^ [here state the area"], be
the same a little more or less (excluBiye of roads intersecting the same, if •
any) J with [here state rights of way and other privileges or easements
am^ertaining, and set forth a sufficient description to identify the land\
which piece of land is of the yalue of £ , and no more, and is the

town allotment [or country section, or is part of the town allotment,
country section, or reserre] originally granted to , by grant dated

the day of , numbered in the plan of the District

[County, or Township] of , as delineated on the public maps of the

proyince deposited in the . And I do further declare that I am

not aware of any mortga£;e, incumbrance, or claim affecting the said land,
or that any person hath an^ claim estate or interest in the said land,
at law or in equity, in possession or in expectancy, other than is set forth
and stated as follows — that is to say [hiore state particulars of mortgages,
incumbrances, dower, or other interest to which the land may be stAfect']. And
I further declare that there is no person in possession or occupation of the
said lands adversely to my estate or interest therein, and that the said land
is now [here state name and description of occupier, or that the land is
unoccupied], and that [here state the names and addresses of otoners
and occupiers of lands contiguous thereto] ; and that there are no deeds or
instruments of title affecting such land in my possession or under my
control other than those enumerated in the Scheaule hereto or at the foot
hereof. And I make this solemn declaration conscientiously belieying the
same to be true. Dated at , this day of 18 .

A.B. Made and subscribed by the aboye-named A.B., this day of

, in the presence of me, , District Land Segistrar [or

Justice of the Peace, or Notary Public]. I, A.B., the above declarant, do
hereby apply to have the piece of land described in the above declaration
brought under the provisions of " The Land Transfer Act, 1885." Dated at

, this day of , 18 . A.B. Witness to signature

—CD.

New [Eoyal Arms.] Zealand.

FoBM B. — Cebtiticatb op Title. Saw. m,26,

68

A.B., of [ here insert description, and, if certificate he issued pursuant to any
transfer, reference to memorandum of transfer], is now seised of an estate [here
state whether in fee-simple or for life], subject nevertheless to such incum-
brances, liens, and interests as are notified by memorial underwritten or indorsed
hereon, in that piece of land situated in the District [County, or Township]
of [here insert st^cient description to ident\/y the land, referring to

map or diagram], which said piece of land is [or is nart of] the country
section [or town allotment] marked delineatea in the public map

of the said district [county, hundred, or township] deposited in the office of
the , originally granted the day of , under the

hand and seal of , Governor of New Zealand, to CD. In witness

whereof I have hereunto signed my name and affixed my seal this
day of , 18 . (l.s.) M.N., Eegistrar, &c. Signed in the

presence of

FOSM C — MeMOBAITDUM op TrANSPEB. Sec. 76

I, A3., being registered as the proprietor of an estate [here state
nature of the estate or interest], subject however to such incumbrances, liens,
and interests as are notified by memorandum underwritten or indorsed



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98 NEW ZEALAND LAND TBANSFEB ACT.

bereoD, In all that piece of land situated in the district [county, or
townslup] of , containing \here %taU area], be the same a little more

or less (exclusive of roads intersecting the same, if any), \here state rights of
way, privileges, or easements, if any, intended to he conveyed; and, if the land
to he dealt with contains all that is included in an existing grant or certificate,
refer thereto for description of parcels and diagrams; otherwise set forth the
houndaries in chains, links, or feet; and refer to plan delineated on the margin
or annexed to the instrument, or deposited in the Registry Office], in
consideration of the sum of £ paid to me by E.F., the receipt of

which sum I hereby acknowledge, do hereby transfer to the said B.P. all my
estate or interest [or a lesser estate or interest, describing such lesser estate]
in the said piece of land. In witness whereof I hare hereunto subscribed
my name this day of A.6. Signed in the presence of

G.H.

See. 86 FOBH D. — MeHOBAKDUM OF LeASB.

I, A.B., being registered as proprietor of an estate [here state nature of
the estate or interest], subject howeyer to such incumbrances, liens, and
interests as are notified by memorandum underwritten or indorsed hereon,
in that piece of land situated in the District [County, or Township] of

, containing [here state area], be the same a little more or less
{exclusive of roads intersecting the same, tf any) [here state rights of way,
privileges, or easements, if any, intended to he conveyed. If the land to he
dealt with contains all that is included in an existing grant or certificate of
title, or lease, refer thereto for description and diagram ; otherwise set forth
the houndaries in chains, links, or feet, and refer to a plan thereof on margin
of or annexed to the lease, or deposited in the Registry Office], do hereby lease
to E.P. of [here insert description] all the said lands, to be held by him the
said E.F. as tenant for the space of years at the yearly rental of £

, payable [here insert terms of payment of rent], subject to the
following covenants, conditions, and restrictions [here set forth all special
covenants, if any], I, B.P., of [here insert description] do hereby accept
this lease of the above described lands to be held by me as tenant, and
subject to the conditions, restrictions, and covenants above set forth.
Dated this day of , 18 . A.B., Lessor. E.F., Lessee.

Signed— By the above-named A.B. as lessor, on the day of

in the presence of By the above-named E.F. as lessee, on the

day of , in the presence of

©0. FOBH E. — MEMOBAirDXrM OP MOBTGAQE.

I, A.B., being registered as proprietor of an estate [here state nature of
the estate or interest], subject however to such incumbrances, liens, and
interests as are notified by memoranda underwritten or indorsed hereon, in
that ])iece of land situated in the District [County, or Township] of
containing [here state area], be the same a little more a less {exclusive of
roads intersecting the same, tf any) [here state rights of way, privileges, or
easements, if any, appertaining ; and, tf the land to he dealt with contains all
that is included in an existing grant or certificate of title or lease, refer
thereto for description of parcels and diagram; otherwise set forth the
houndaries in chains, links, or feet, and refer to plan thereof on margin of or
annexed to the mortgage, or deposited in the Registry Office], in consideration
of [here state circumstances of indehtedness, present or future, in respect of
which the security is intended to he given], do hereby covenant with the said



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NEW ZEALAND LAND TEANSPEE ACT. 99

BJ^. that I will pay to Mm the Baid E.F. the sum of £ on the

day of . Secondly, that I will pay interest on the said

gum at the rate of £ by the £100 in the year, by equal payments

on the day of and on the day of in every

year. Thirdly [here set forth special cooenants^ ifony]. And for the better
Becuring to the said E.F. the repayinent in manner aforesaid of the said
principal sum and interest, I hereby mortgage to the said E.F. all mj estate
and interest in thq said land aboye described. In witness whereof I have
bereto signed my name this day of . A.B., Mortgagor.

Signed by the above-named A.B. as mortgagor, in the presence of
&.H.

POSM P. — MSHOBAKDUM OF IkCUKBRANOB PoB SsCUBHTG 860.03

A Sum op Moket.

I, A.B., being registered as proprietor of an estate [here state nature
of the estate or interest]y subject however to such incumbrances, liens, and
interests as are notified by memorandum underwritten or indorsed hereon,
in that piece of land situated in the District [County, or Township] of
, containing [here state area"], be the same a little more or less
{exclusive of roads intersecting the same, tf any) [here also state rights oj
looy, privileges, or easements if any, appertaining ; and, if the land to he dealt
vUh contains all that is included in an existing grant or certificate of title,
refer thereto for description of parcels and diagram ; otherwise set forth the
boundaries in chains, links, or feet, and refer to plan thereof on margin of or
tmnexed to the hill of incumbrance, or deposited in the Registry O^ce'], and
desiring to render the said land available for the purpose of securing to and
for the benefit of CD. the sum of money [annuity or rent-charge] herein-
after mentioned, do hereby incumber the said land for the benefit of the
said CD. with the sum [annuity or rent-charge] of £ , to be raised

and paid at the times and in the manner following, that is to say [here
state the times appointed for the payment of the sum, annuity, or rent-charge
intended to be secured ; the interest, if any, and the events on which such sum,
annuity, or rent-charge shall become and cease to he payable ; also any special
covenants or powers, and any modification of the powers or remedies given to
an incumbrance by the Aef]. And, subject as aforesaid, the said CD. shall
be entitled to all powers and remedies given to an incumbrance by " The
lAud Transfer Act, 1886." A.B. In witness whereof I have hereunto
signed my name this day in the presence of E.P.

POBM G. — TbAJTSPKB of MoBTOAOB, Lease, OB IkOUMBBAITCE, to BEseo.82
rETDOBSED 017 ObIOINAL MoBTGAGE, IlfCUMBBAKCE, OB LeASE.

I, the within-mentioned CD., in consideration of £ , this day

paid to me bv X.T., of , the receipt of which sum I do hereby

acknowledge, hereby transfer to him the estate or interest in respect to
which I am registered proprietor, as set forth and described in the within-
written security, together with all my rights, powers, estate, and interest
therein. In witness whereof I have hereunto subscribed my name this

day of . CD., Transferor. Signed by the above-mentioned,

in the presence of E.P.,the of Accepted — X.T.,

Transferee.



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100 NEW ZEALAlfD LAND TEANSFEE ACT.

8eo.l29 FOBH H. — ^BeGISTBATION AbSTBAOT.

[Copy of Grant or Certificate of Title,']

PuBSTXAin? to Act of the General Asflembly of Zew Zealand, shortly
intituled " Tho Land Transfer Act, 1885,' sections and

this registration abstract is issued for the purpose of enabling the registered
proprietor to deal with the above-described land at places without the limits
of , and shall continue in force from the date hereof until the

day of , or until the same be surrendered to me for

cancellation. In witness whereof I have hereunto signed my name and
affixed mj seal this day of , District Land Begistrar

of the District of Signed and sealed in the presence of X.Y.

8eo.l87,141, FOBM K. — CaTEAT FOBBIDDIKa LaITDS TO BE BbOUGHT UlTDEB THE AcT.

Take notice that I, , of , claiming estate or interest

[here state the nature of the estate or interest claimed, and the ground on
which such claim is founded"] in lands described as [here state particulars qf
description from declaration of applicant], in notice dated the day of

, advertising the same as land in respect to which claim has been
made to have the same brought under the provisions of *' The Land Transfer
Act, 1885," do hereby forbid the bringing of the said land under the
provisions of the said Act. And I appoint as the place at which

notices relating hereto may be served. Dated this day of ,

18 . A.B. Signed in my presence this day of To the

District Land B^strar of tne district of

Seo.l38,148,FoBM L. — CaYEAT FOBBIDDIKa BsaiSTBATIOir OF DEALINa WITH EsTATB

^^ OB Ikteeest.

To the Distract Land Begistrar of the District of . Take

notice that I, , claiming estate or interest [here state the nature

of the estate or interest claimed, and the ground on which such claim is
founded] in [here describe land], forbid the registration of any memorandum
of transfer or other instrument affecting the said land until this caveat be
by me [or by the order of the Supreme Court or some Judge thereof]
withdrawn [or until after the lapse of twenty-one days from the .date of the
service of notice of such intended registration at the following address.]
Dated this day of , 18. A.B. Witness-



Sec. i62 THIBD SCHEDULE.— Poweb op Attobnet.

I, A.B., being registered as proprietor of an estate [here state the
nature of the estate or interest], subject however to such incumbrances, liens,
and interests as are notified by memorandum underwritten or indorsed
hereon, in [here refer to Schedule for description and content of the several
parcels qf land intended to he affected, which Schedule must contain reference to
the existing certificate of title, or land grant, or lease of each parcel], do
hereby appoint CD. attorney on my behalf to [here state the nature and extent
of the powers intended to be conferred, as whether to sell, lease, mortgage, ^c]
the lands in the said Schedule described, and to execute all such instruments
and do all such acts, matters, and things as may be necessary for carrying
out the powers hereby given, and for the recovery of all rents and sums
#f money that may become or are now due or owing to me in respect of the



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NEW ZBALAin) LAND TBANSPEB ACT. 101

said lands, ftnd for the enforcement of all contracts, corenants, or conditions
binding upon any lessee or occupier o£ the said lands, or upon any other
person in respect of the same, and for the taking and maintaining possession
of the said lands, and for protecting the same from waste, damage, or
trespass. In witness whereof I have hereunto subscribed my name this

day of A.B. Signed by the aboTe-named A.6.

, in the presence of X.T.

{^Schedule referred to.']
BEYOCATioir Obdsb.

I, A.B., of , being seised of an estate [here etate the nature of

the estate'] in all that piece of land [here describe land, referring to the

emitting grant, eertificate, or other inetrument of title!, hereby revoke the

power of attorney given by me to Dated the day of

. In witness whereof I have hereunto subscrihed my name this

day of , in the presence of . A.B., of



FOUfiTH SCHEDULE.— CovEif ANTS implibd is Instbuments. 8eo.m

The words will '* insure " in any instrument executed under this Act
implies that the lessee or mortgagor will insure, in the joint names of the
lessor and lessee or of the mortgagor and mor^agee, as the case may be,
and, so long as the term expressed in the said mortgage or lease shall not
have expired, will keep insured in such joint names in some public insurance
office, to be approved by sueh mortgagee or lessor, against loss or damage
by fire te the full amounts specified in such instrument, or, if no amount be
specified, then to their full value, all buildings, tenements, or premises
erected on such land which shall be of a nature or kind capable of being
insured against loss or damage by fire ; and that the mortgagor or lessee
will, at the request of the mortgagee or lessor, hand over to and deposit
with him the policy of every such insurance, and produce to him the receipt
or receipts for the annual or other premiums payable on account thereof ;
and also that all moneys to be received under or by virtue of any such
insurance shaU, in the event of loss or damage bv fire, be laid out and
expended in making good such loss or damage : Provided also that, if default
shall be made in the observance or performance of the covenant last above
mentioned, it shall be4awful for the mortgagee or lessor, without prejudice
nevertheless to, and concurrently with, the powers granted him by his
memorandum of mortgage, or lease, or bv this Act provided, to insure such
building, and the costs and charges of such insurance shall until such
mortgage be redeemed or such lease shall have expired be a charge upon the
said kind. The words " paint outside every alternate year " shall imply as
follows, namely : — And also will in every alternate year during the currency
of such lease paint all the outside woodwork and ironwork belonging to the
hereditaments and premises mentioned in such lease with two coats of proper
oil colours in a workmanlike manner. The words " paint and paper inside
every third year " shall imply as follows, namely : — And will in every third
year during the currency oi such lease paint the inside wood, iron, and other
works, now or usually painted, with two coats of proper oil colours in a
workmanlike manner, and also repaper with paper oi a quality as at present
such parts of the said premises as are now papered, and also wash, stop,
whiten, or colour such parts of the said premises as are now whitened or



I



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1Q2 NEW ZEALAND LAND TEANSFEB ACT.

coloured respectiTolj. The words '^ will fence " iball imply as follows, namelj:
— And also will, during the continuance of the said lease, erect and put up on
the boundaries of the land therein mentioned, or upon such boundaries upon
which no substantial fence now exists, a good and substantial fence. The
word " cultivate " shidl imply as follows, namely : — And will at all times
during the said lease cultivate, use, and manage all such parts of the land
therein mentioned as are or shall be broken up or converted into tillage in a
proper and husbandlike manner, and will not impoverish or waste the same.
The words " That the lessee will not use the said premises as a shop *' shall
imply as follows, namely :~And idso that the saia lessee will not convert,
use, or occupy the same hereditaments and premises mentioned in such
lease, or any part thereof, into or as a shop, warehouse, or other place for
carrying on any trade or business whatsoever, or permit or suffer the said
hereditaments and premises, or auj part thereof, to be used for any such
purpose, or otherwise than as a private dwelling-house, without the consent
in writing of the said lessor. The words " will not carry on offensive
trades " shall imply as follows : — And also that no noxious, noisome, or
offensive art, trade, business, or occupation or calling shall at any time
during the said term be used, exercised, carried on, permitted, or suffered in
or upon the said hereditaments and promises above mentioned, and that no
act, matter, or thing whatsoever shall at any time during the said term
be done in or upon the said hereditaments and premises, or any part thereof,
which shall or may be or grow to the annoyance, nuisance, grievance,
damage, or disturbance of the occupiers or owners of the adjoining lands
and hereditaments. The words " will not without leave assign or sublet "
shall imply as follows, namely : — And also that the said lessee shall not, nor
will during the term of such lease, assign, transfer, demise, sublet, or set
over, or ouierwise by any act or deed procure the lands or premises therein
mentioned, or any of them, or any part thereof, to be assigned, transferred,
demised, sublet, or pet over unto any person whomsoever without the
consent in writing of the said lessor first had and obtained. The words
** will not cut timber " shall imply as follows : — And also that the said lessee
shall not nor will cut down, fell, injure, or destroy any growing or living
timber, or timber-like trees standing and being upon the said hereditaments
and premises above mentioned, without the consent in writing of the said
lessor. The words *' will carry on the business of a publican and conduct
the same in an orderly manner " shall imply as follows, namely : — And also
that the said lessee will at all times during the currency of such lease use
exercise, and carry on in and upon the premises therein mentioned the trade
or business of a licensed victualler or publican and retailer of spirits, wines,
ales, beer, and porter, and keep open and use the messuage, tenement, or
inn and buildings standing ana being upon the said land as and for an inn
or publichouse for the reception, accommodation, or entertainment of
travellers, guests, and other persons resorting thereto or frequenting the
same, and manage and conduct such trade or business in a quiet and orderly-
manner ; and will not do, commit, or permit, or suffer to be done or com-
mitted any act, matter, or thing whatsoever whereby, or by means whereof,
any licence shall or may be foneited, or become void or liable to be taken
away, suppressed, or suspended in any manner howsoever. The words
" will apply for renewal of licence " sh«dl imply as follows, namely : — And
also shall and will from time to time during the continuance of the said
term, at the proper times for that purpose, apply for and endeavour to
obtaui at his own expense all such licences as are or may be necessary for



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NEW ZEALAND LAND TEANSFEE ACT. IW

carrymg on the aaid trade or business of a licensed yictnaller or publican in
and upon the said hereditaments and premises, and keeping the said
messuage, tenement, or inn open as and for an inn or publichouse as afore-
said. The words " will facilitate the transfer of licence '* shall imply as
follows, namely : — And also shall and will, at the expiration or other sooner
determination of the said lease, siga and give such notice or notices, and
allow such notice or notices of a renewal or transfer of any licence as may
be required by law to be affixed to the said messuage, tenement, or inn, to
be thereto affixed, and remain so affixed during such time or times as shall
be necessary or expedient in that behalf ; and generally to do and perform
idl such further acts, matters, and things as shsdl be necessary to enable the
said lessor or any other person authorised by him to obtain the renewal of
any licence, or any new licence, or the transfer of any licence then existing
and in force.



FIFTH SCHEDULE.
FoBM (1) — ^Attkstation op Ikbtbxjmbntb. S«>.1«1

CSBTIFICATE OF DiSTBICT LaITD BeGISTBAB, JuSTIOU OF THB FeAOB,
ETC., TASJSQ DkCLABATIOK OF ATTESTING WlTinCSS.

Apfeabed before me at , the day of , CD., of

, a person known to me and of good repute, attesting witness to
this instrument, and acknowledged his signature to the same ; and did
further declare that A.B., the party executing the same, was personally
known to him the said CD., and that the signature of this said instrument
is in the handwriting of the said A.B. District Land Eegistrar, or

Justice of the Peace, or Notary Public. *

FOBM (2) — CeBTIFICATE op DicTBTCT LaITD EeGISTBAB, JxTSTIOB op the See. 163

Peace, etc., bepobe whom Instbthcent max have been ezecutbd

bt the Pabties thebeto.
Appeabed before me at , the day of, A.B, of ,

tne party executing the within instrument, and did freely and yoluntarily
sign the same. District Land Eegistrar, or Justice of the Peace, or

^Notary Public.

SIXTH SCHEDULE.

Scale op Chab&es fob Lanb-bboeebs. Seo8.ao6,a»

For application to bring land under ^* The Land Transfer Act, £ s. d.

1885," where the land remains in the original grantee,

although it may have been or still remains subject to lease,

or mortgage — *
Where the value does not exceed £400 ... ... ... 10

Where the value does not exceed £800 ... ... ... ith ^ ct.

Where the value exceeds £800 ... ... ... 100

For filling up and entering caveats, exclusive of any professional

charges incident to litigation pending ... ... 10

* These charges include filling up application, procuring declaration and signatures, procuring
diagram from Land Office, and attendance and deliTery at Begistry Office. When the title has
not remained in the ori^^inal grantee, an extra charge maj be o^e proportioned to the trouble,
sueh oases being more m the nature of oonTeyandng.



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10* NEW ZEALAND LAND TBANSPBE ACT.

Memorandum of transfer, lease, mortgage, or incumbrance — f £ s. d.
Where the ralue does not exceed £400 ... ... ... 10

Where it exceeds £400 ... ... ... ... ... ith'^ct.



Online LibraryAustraliaThe land transfer laws of Australasia: being the full text with side notes ... → online text (page 23 of 83)