Caveat or Notice of Claim lapsing?

December 18, 2017

in Property

An important reminder to all heading into the Christmas New Year holiday period.

In the event you receive a notice of lapse of a notice of claim (under the Property (Relationships) Act or notice of lapse of a caveat, the time frames associated with dealing with these matters before such a caveat or notice of claim lapses are time periods prescribed in days, not working days.  You cannot therefore exclude the public holidays over this period when calculating time frames.

Unfortunately it will not be sufficient to contact Land Information New Zealand (“LINZ”), who issue such notices, to attempt to try and extend the time period with the reasoning that the LINZ office or Courts may be closed due to public holidays being observed.  The Land Transfer Regulations prescribe the time period(s) and LINZ has no authority to alter such time periods nor extend lapsing dates.

To avoid being in this situation or if you have already received such a notice then we suggest you contact us as soon as possible so that we can effectively and efficiently deal with this matter for you.

Farry and Co. deals in all aspects of conveyancing and relationship property matters and should you find yourself requiring legal assistance please contact the lawyer in our firm who normally advises you, or alternatively contact:

Karen Eason
keason@farry.co.nz
09 379 0055 or 03 477 8870

 

The information contained in this publication is intended as a guide only. It does not constitute legal advice and should not be relied upon as such.  Professional advice should be sought before applying any of the information to particular circumstances.  While every reasonable care has been taken in the preparation of this publication, Farry and Co. does not accept liability for any errors it may contain. 

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