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Archiver > NEW-ZEALAND > 2011-11 > 1320617535


From: John Hopkins <>
Subject: Re: [nz] Can anyone please explain what this advertisement means?
Date: Mon, 07 Nov 2011 11:12:15 +1300
References: <9BC464D0-0AEF-446E-B5F3-AEBAD7D196B7@gmail.com>
In-Reply-To: <9BC464D0-0AEF-446E-B5F3-AEBAD7D196B7@gmail.com>


My guess would be that title to these properties were under the old common
law (or deeds system of) land title, and someone (possibly Reardon) had
applied to have them brought under the relatively new Land Transfer system.
The District Land Registrar's notice and the provision for a caveat gives
the opportunity for someone to dispute the title to the land - otherwise,
once it came under the Land Transfer Act, the title was largely beyond
dispute.

Wikipedia has quite a good article that describes the essential differences
between the common law and the land registration or Torrens system:
http://en.wikipedia.org/wiki/Torrens_system

No land was under the Land Transfer Act at the beginning of colonisation of
course, because there was no such beast for many years in NZ. All titles as
they were developed during the 'acquisition' of land from Māori would have
initially been under the common law system. At the moment I cannot find out
when the first Land Transfer Act was passed in NZ, but you will notice from
the Wikipedia article that the Torrens system was first introduced in South
Australia in 1858. Other colonies followed their lead.

When I was a law clerk in the mid 1960s in ChCh there was still some land
under the common law system - I assume that has all gone by now.

John

-----Original Message-----
From:
[mailto:] On Behalf Of Sue & Evan Thomas
Sent: Monday, 7 November 2011 10:49 a.m.
To: NZ Mailing List
Subject: [nz] Can anyone please explain what this advertisement means?

In the NZ Gazette of 3rd August 1872, there is a notice under the Land
Transfer Act 1870, dated 26 July 1872, from Samuel Kingdon, District Land
Registrar, Nelson.

In it, there are listed 10 properties, which are to be brought under the
provisions of the Land Transfer Act, unless caveat is lodged within one
month.

One of these properties is described as :

JOHN HENRY REARDON, of Gibsons Island, Pelorus Sound, Marlborough, Sheep
Farmer, Applicant- 20 perches, part of section 51 on the plan of the city of
Nelson. Bounded – North 53 ½ links by the Haven Road; East
225 links, South 53 ½ links, West 230 links, by other parts of same section
(W. Rout, broker).

Can anyone please help explain what this means? Was it just a formality to
get clear title to enable a property to be sold? Why was it not under the
Land Transfer Act in the first place?

All suggestions gratefully received and real knowledge welcomed!

Sue Thomas
NELSON



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