We consider the nature of real property and the concept of an interest or estate in land. We explore fundamental principles of New Zealand land law, including: the doctrine of tenure; legal and equitable interests in land; and priorities between interests. We examine the concept of “title” to land and the Land Transfer system of registration of title to land, with a detailed discussion of the principle of indefeasibility and its exceptions, including land transfer fraud, the Registrar’s power to correct, overriding statutes, in personam claims, and manifest injustice. We consider the compensation provisions and the role of caveats.
We consider the extent of a landowner’s rights in their land, with a focus on rights to airspace, subsoil and minerals, water, and fixtures and chattels.
We explore how Māori lost land by purchases, confiscations, and the operation of the Native Land Court, which enables us to introduce Te Ture Whenua Maori Act 1993 with its dual objectives of retention and utilisation of Māori land. We consider how the Land Transfer System and Te Ture Whenua Maori Act 1993 interface. We consider the extent to which there remains customary title in Aotearoa New Zealand, focusing on the foreshore and seabed, riverbeds, and lake beds.
We consider leasehold estates, the ways in which two or more people may hold concurrent interests in the same parcel of land, and methods of owning flats, offices, and townhouses, including stratum estates, company leases, cross leases, and unit titles.
We examine particular interests that one may hold in the land of another (including mortgages, easements, and covenants affecting freehold land).