Property

Only Half the Story? A Vendor’s Costly Statement

When it comes to property sales, the legal principle of “caveat emptor”, or “buyer beware” applies subject to any warranties given by the vendor in the sale and purchase agreement. However, a recent Court of Appeal case confirms that this principle is also subject to the right of the purchaser not to be misled by the vendor or their agent.

Date: 26 June 2019 Sector Property

Residential Tenancies – a recap on recent developments

Are you a landlord of residential property? This article provides a brief update on recent developments in residential tenancy laws and regulations that you need to be familiar with.

Date: 12 April 2019 Sector Property

Overview of the subdivision process

Are you considering subdividing your land? This article provides an overview of the subdivision process for freehold land comprised in one record of title.

Date: 07 February 2019 Sector Property

The ‘Foreign Buyer Ban’ – The Changes Which Apply to Residential Land

The Overseas Investment Amendment Act 2018, which is set to bring significant changes to the Overseas Investment Act 2005, will come into force on 22 October 2018. This means that any agreement for sale and purchase of real estate signed on or after this date will be subject to the Act’s new restrictions and requirements.

Date: 19 October 2018 Sector Property

Covenants in Gross under the Land Transfer Act 2017

In November this year, the Land Transfer Act 2017 (“LTA”) will replace the Land Transfer Act 1952. One of the changes in the LTA will be to allow the registration of covenants “in gross” against the title to a property. This will be a change welcomed by lawyers, banks and their clients.

Date: 03 September 2018 Sector Property

Land covenants - check before you purchase a property

Before you purchase a property, it is important to check the title to the property to see if there are any land covenants registered. The land covenants may contain restrictions, for example, on what you can build on the property and how you may use the property.

Date: 02 July 2018 Sector Property

Helping your adult child climb onto the property ladder

Many parents would like to be able to help their child purchase their first home. So, if you are a parent, what is the best way to help?

Date: 13 March 2018 Sector Property

Don’t forget your roots

If you have a legal interest in a property, you must take all steps necessary to prevent the trees on that property from causing damage to your neighbour’s property. Importantly, this responsibility also extends to forces of nature operating on the landowner’s property, such as the growth of tree roots beneath the surface of the ground.

Date: 10 November 2017 Sector Property

But I paid for it! The overlooked risk of paying for a home on land you do not own.

Are you looking for a home and thinking about paying for a house on land owned by a friend or family member? This article provides a brief summary of the important legal issues you need to consider if you are planning such an arrangement.

Date: 28 August 2017 Sector Property

Understanding Certificates of Title

If you own land, there will be a certificate of title which will prove your ownership of that land. The certificate of title will set out the type of land that you own and any restrictions, rights or interests. This article provides a very simple overview of what a certificate of title is and explains four different types of certificates of title.

Date: 17 May 2017 Sector Property

What you need to know when buying your first home

Buying a property can be stressful, whether it’s your first home or a new investment property for your portfolio. As lawyers, we want to make that process as smooth as possible. This article will give you the information you need, to help us, to help you.

Date: 15 May 2018 Sector Property

Solicitor’s Approval Clauses in Real Estate Agreements – An Easy Out?

Is a solicitor’s approval condition an easy way to cancel an agreement for the sale and purchase of real estate, if the purchaser changes his or her mind?

Date: 26 April 2017 Sector Property

Purchasing an apartment? You should read this article

If you are considering purchasing an apartment or a unit which is built on the same piece of land as other units, then it is probable that the title to the property will be a “unit title”. This article explains what a unit title is and issues to be aware of when purchasing a unit title.

Date: 24 July 2019 Sector Property

Taxing Residential Property Sales – What You Need to Know

This article covers things you need to know on the Taxation (Bright-line Test for Residential Land) Act 2015 in relation to residential property acquired and disposed of within 2 years.

Date: 03 March 2016 Sector Property

Considering purchasing a cross lease property?

If you are considering purchasing a cross lease property, then it is important to understand what the term “cross lease” means, and what the issues are when purchasing a cross lease property. This article provides an explanation of what a cross lease property is, an overview of cross lease terms, and issues regarding insurance.

Date: 04 December 2015 Sector Property

What is a caveat?

This article explains what a caveat is. It gives examples of when you may want to lodge a caveat and explains how a caveat is removed.

Date: 19 January 2015 Sector Property

Property law – useful terms

This article provides an explanation of some of the commonly used terms in property law.

Date: 18 June 2014 Sector Property

Seek legal advice about easements before buying land

If you have ever considered buying property, you may have heard the term “easement”. Before buying property, it is crucial to search the title of that property, to ensure you are happy with the terms of any easements.

Date: 13 November 2013 Sector Property

Buying a Unit Title property

Unit title developments are an increasingly common form of property ownership within 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.

Date: 29 October 2013 Sector Property

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.

Date: 29 August 2013 Sector Property

Who Pays For Damaged Land?

Land ownership continues to be an important goal for many New Zealanders. It promises freedom and independence and can be a symbol of material success. It is easy to forget that land owners do not enjoy complete freedom over their land.
There are a number of laws that restrict how land...

Date: 29 March 2010 Sector Property