Property law – useful terms
This article provides an explanation of some of the commonly used terms in property law.
Marshalling and equitable mortgages
A High Court decision has highlighted the benefits of including an equitable mortgage in a supplier’s terms of trade.
Issues to Consider when Starting a New Business
Starting a new business can be an exciting time, and one in which, during the excitement, considerations of legal and structural issues are often overlooked. This often leads to costly and time-consuming problems. To help you minimise the risk of unintended or unforeseen consequences in the future, this article sets out some of the issues you should consider before starting a new business.
Buying a Unit Title property
Unit title developments are an increasingly common form of property ownership in New Zealand. If you are considering purchasing a unit title property, it is important that you understand how unit titles operate. This article outlines some of the important issues you will need to consider.
Paper Roads
This article explains what the term "paper road" means, how you can find out where a "paper road" is located, and provides some information on the upkeep of "paper roads". The term "stopping of a road" is also explained.
Arbitration – What is it and when is it used?
Arbitration is often the mandatory process for resolution of disputes in commercial contracts. This article reviews the arbitration process and the advantages and disadvantages of this method of dispute resolution.
Signing blind
Common sense says that the first thing you should do after receiving a contract that you are being asked to sign, is to read it. You may be surprised to learn how infrequently this happens. This is especially so when the contracting parties have an established trading relationship.
Obtaining a Landlord’s consent – assignment of a lease
Where a lease requires the tenant to obtain the landlord’s consent, the Property Law Act 2007 says that the landlord cannot ‘unreasonably’ withhold or delay that consent. Any considerations or obligations to consent set out in a lease must also be reasonable.
Buying a Business – Considerations before you enter into a purchase agreement
So you have found a business that you are interested in buying. Before you enter into the sale and purchase agreement you should complete an initial appraisal of the business. You should try to identify the business’ major strengths and weaknesses so that you can address any concerns in the sale and purchase agreement and in setting the purchase price.
What a landlord has to do to validly cancel a lease for breach
In this article we consider the options a landlord has when a tenant has breached its lease. We also consider the steps a landlord is required to take in order to cancel the lease.