Civil Judgments Enforcement Act 2004

In this section —

If an enforcement officer, under a property (seizure and sale) order, sells any saleable interest in property, other than a saleable interest that is registered under the Transfer of Land Act 1893 in respect of land under the operation of that Act, the purchaser acquires a good title to the property subject only to —

any third party interest in relation to the property that has been registered, or of which public notice has been given, under a written law before the sale; and

any other third party interest in relation to the property, a claim for which has either been admitted under section 84(1) or determined as valid by a court in interpleader proceedings, before the sale; and

any third party interest acquired before the sale in the manner set out in section 74(4)(a) and (b).

If an enforcement officer, under a property (seizure and sale) order, sells any property, the enforcement officer is not liable to any person in respect of the sale unless it is proved that the officer had notice of, or by making reasonable inquiries might have ascertained, the existence of a third party interest.

Subsections (2) and (3) do not affect the entitlement of a person who claims a third party interest in any property sold under a property (seizure and sale) order to a remedy against a person, other than the enforcement officer or the purchaser of the property, if the claimant proves that at the time of the sale the claimant had a third party interest in the property.