NZQA registered unit standard
23134 version 3
Page 1 of 5
Title
Demonstrate knowledge of land ownership, transfer of ownership,
and titles
Level
5
Purpose
Credits
4
This unit standard is for people preparing for entry, or who are
currently working in, the real estate industry as salespersons.
People credited with this unit standard are able to:
–
explain property law terminology;
–
identify and explain property titles;
–
explain the law relating to the ownership and transfer of
land in simple terms;
–
explain forms of co-ownership of land to real estate clients
and customers; and
–
explain the law relating to ownership and transfer of
goods as applied to real estate sales contracts for
property and the sale of business.
Classification
Real Estate > Real Estate Practice and Law
Available grade
Achieved
Explanatory notes
1
ETITO has common assessment material available to use for organisations with
consent to assess against Real Estate unit standards contained in the National
Certificate in Real Estate (Salesperson) [Ref: 1543]. The use of this assessment
material is encouraged to eliminate the need for pre-assessment moderation of
assessment material. The organisation with consent to assess is charged for the use
of this material.
ElectroTechnology Industry Training Organisation
SSB Code 100401
 New Zealand Qualifications Authority 2016
NZQA registered unit standard
23134 version 3
Page 2 of 5
2
References
Civil Union Act 2004;
Consumer Guarantees Act 1993;
Contracts (Privity) Act 1982;
Contractual Mistakes Act 1977;
Contractual Remedies Act 1979;
Property Law Act 2007;
Fair Trading Act 1986;
Human Rights Act 1993;
Land Transfer Act 1952;
Overseas Investment Act 2005;
Overseas Investment Regulations 2005;
Privacy Act 1993;
Property (Relationships) Act 1976;
Real Estate Agents Act 2008;
Residential Tenancies Act 1986;
Te Ture Whenua Māori Act 1993;
Unit Titles Act 2010;
and all subsequent amendments and replacements.
3
Definitions
Client means the person on whose behalf an agent carries out real estate agency
work and is commonly known in the industry as a vendor or seller.
Common Law is also known as case law – judgements made by courts, rather than
laws written by parliament. Judgements relating to the duties of an ‘agent’ may be
applicable to this unit standard.
Customer means a person who is a buyer or potential buyer of land and is commonly
known in the industry as a purchaser or buyer.
Approved guides mean the two approved guides developed by the Real Estate
Agents Authority covering an agency agreement and a sale and purchase
agreement. These are available from http://www.reaa.govt.nz.
4
Assessment
This unit standard must be assessed on the basis of evidence of demonstrated
performance in the workplace or in simulated work situations designed to draw upon
similar performance to that required in the workplace.
Outcomes and evidence requirements
Outcome 1
Explain property law terminology.
Evidence requirements
1.1
Property law concepts, definitions, and examples are explained as they apply to
real estate practice.
Range
includes but is not limited to – real property, personal property,
ownership, possession, lease, licence, interest, certificate of title,
title search, indefeasibility, types of title, registered security.
ElectroTechnology Industry Training Organisation
SSB Code 100401
 New Zealand Qualifications Authority 2016
NZQA registered unit standard
23134 version 3
Page 3 of 5
Outcome 2
Identify and explain property titles.
Evidence requirements
2.1
Common titles are identified and explained in terms of tenure.
Range
2.2
includes but is not limited to – stratum title, cross lease, fee
simple, leasehold, company and share ownership.
Possible issues are explained that may be apparent on the certificate of title.
Range
includes but is not limited to – memorials, encumbrances,
interests;
Interests include – all limits on titles including limited as to parcels,
caveat, easement.
Outcome 3
Explain the law relating to the ownership and transfer of land in simple terms.
Evidence requirements
3.1
The land transfer system in New Zealand is explained in terms of the Torrens
system.
Range
3.2
includes but is not limited to – certificate of title, registration of title,
indefeasibility of title, procedure for the transfer of land,
information recorded in the land transfer system, forms of land
transfer and creation of other interests;
Other interests may include – mortgages, covenants, easements
and caveats.
Transfer of land is explained including forms of land transfer other than sale and
purchase.
Range
includes but is not limited to – will, gift, trust, and operation of the
law assignment of lease.
Outcome 4
Explain forms of co-ownership of land to real estate clients and customers.
Evidence requirements
4.1
Forms of co-ownership are determined consistent with property and land law.
Range
includes but is not limited to – joint tenancy, tenancy in common,
Māori ownership of land, civil unions, trusts, enduring Power of
Attorney.
ElectroTechnology Industry Training Organisation
SSB Code 100401
 New Zealand Qualifications Authority 2016
NZQA registered unit standard
23134 version 3
Page 4 of 5
Outcome 5
Explain the law relating to ownership and transfer of goods as applied to real estate sales
contracts for property and the sale of business.
Evidence requirements
5.1
Law relating to the time at which ownership and risk passes from a seller to a
buyer in a contract for the sale of goods is explained and applied to a relevant
situation.
Replacement information
This unit standard replaced unit standard 4655 and unit
standard 4706.
Planned review date
31 December 2015
Status information and last date for assessment for superseded versions
Process
Version Date
Last Date for Assessment
Registration
1
18 December 2006
31 December 2013
Review
2
12 February 2010
31 December 2013
Revision
3
19 July 2012
N/A
Consent and Moderation Requirements (CMR) reference
0003
This CMR can be accessed at http://www.nzqa.govt.nz/framework/search/index.do.
Please note
Providers must be granted consent to assess against standards (accredited) by NZQA,
before they can report credits from assessment against unit standards or deliver courses
of study leading to that assessment.
Industry Training Organisations must be granted consent to assess against standards by
NZQA before they can register credits from assessment against unit standards.
Providers and Industry Training Organisations, which have been granted consent and
which are assessing against unit standards must engage with the moderation system that
applies to those standards.
Requirements for consent to assess and an outline of the moderation system that applies
to this standard are outlined in the Consent and Moderation Requirements (CMR). The
CMR also includes useful information about special requirements for organisations wishing
to develop education and training programmes, such as minimum qualifications for tutors
and assessors, and special resource requirements.
ElectroTechnology Industry Training Organisation
SSB Code 100401
 New Zealand Qualifications Authority 2016
NZQA registered unit standard
23134 version 3
Page 5 of 5
Comments on this unit standard
Please contact the ElectroTechnology Industry Training Organisation
reviewcomments@etito.co.nz if you wish to suggest changes to the content of this unit
standard.
ElectroTechnology Industry Training Organisation
SSB Code 100401
 New Zealand Qualifications Authority 2016