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Land covenants that last – a brief review of recent attempts to modify land covenants

Land covenants that last – a brief review of attempts to modify land covenants There are circumstances where an owner of property has (or would have but for a settlement reached) been able to modify a land covenant using the provisions of s317(1) of the Property Law Act 2007 (PLA). In most instances, if you have a land covenant registered against the title to your property, it is there forever and cannot be modified or extinguished. This article looks at cases attempting to modify land covenants.

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Act In Haste, Repent At Leisure

Do your homework before purchasing – that is the message which has been reinforced in a recent case which came before the High Court. In Shabor Ltd v Graham, the purchaser of a large farm in the Waikato sued the vendor for misrepresentation under the Fair Trading Act after the purchaser discovered that the farm did not hold the stock numbers advertised in the marketing material.

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Key steps for a unit title subdivision

Unit titles are becoming more popular and more complex as we see limited greenfield space available for housing, and limited funding for greenfields infrastructure, making infill an easier and more efficient land use option. This article looks at the basics of forming a unit title development from a fee simple section.

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Co-ownership – it was the best of times and the worst of times

Purchasing a property with other people requires careful consideration and completing a property sharing agreement when you purchase a property can minimise problems in the future. Parties are often on the best of terms initially, but with any shared ownership, disputes can occur later. Completing a property sharing agreement where all owners record their expectations in relation to ownership and use of the property can be invaluable.

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Purchasing a section? Check this out

There are checks which you should do before purchasing land especially if you intend to build on the land. You may find that the council rules, land covenants or the cost of foundations prevent you from building the house of your dreams or the building that you require for your business. This article gives a brief overview of the checks you should consider completing when buying land.

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New Zealand
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