Category : Property and The Law

Solicitors approval clauses

By: Milke Toepfer Aspiring Law | 2015 November 2

Solicitors approval clauses. Introduction: Solicitors approval clauses are often included in agreements for sale and purchase when they need to be signed in a hurry and one party’s lawyer is not available to talk to them first. Many people mistakenly [...]

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The basic facts about easements

By: Milke Toepfer Aspiring Law | 2015 April 22

When buying a property, you may be told that there is an easement registered against the title. An easement is created when a land owner grants another land owner or someone else, such as a services company, the right to [...]

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Boundaries Limitation as to parcels fencing and the law

By: Anne Needham: Urban Legal | 2014 April 10

BOUNDARIES, LIMITATION AS TO PARCELS – FENCING AND THE LAW BOUNDARIES: When purchasing a property the location of any fences or hedges on the property are not necessarily the legal boundary. In addition, under the standard Law Society Agreement for [...]

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Nominees under sale and purchase agreements

By: Milke Toepfer Aspiring Law | 2014 January 24

And Or Nominee – Real Estate Sale and Purchase Agreements   It is common for a buyer to add the words “or nominee” under a purchase agreement when the buyer is not sure who will complete the purchase at the [...]

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Additions and Alterations to Cross Lease Properties

By: Anne Needham: Urban Legal | 2013 November 23

Additions and Alterations to Cross Lease Properties The resulting Issues and Title defects   Cross lease titles were introduced around the 1970s as a temporary form of title however they have endured for far longer than what was originally anticipated. [...]

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Who should sign a sale and purchase agreement

By: Milke Toepfer Aspiring Law | 2013 November 18

When a property is owned by more than one person, who should sign the sale and purchase agreement? Two or more individuals: A spouse or de facto partner does not have the authority to sign the agreement for the other [...]

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New Property law means restrictions on building work

By: Milke Toepfer Aspiring Law | 2013 November 10

A new property law will come into effect soon which means that certain building work can only be designed or carried out by a licensed person. The new law affects residential buildings or small to medium sized apartment buildings (generally, [...]

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Mortgagee Sales Buyers Beware

By: Anne Needham: Urban Legal | 2013 October 17

Due Diligence Is Still Required For Mortgagee Sales In these recessionary times and with the number of mortgagee sales currently being exercised by Banks in New Zealand, investors and purchasers need to be very vigilant and aware of some of [...]

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Councils May be Liable for Incorrect information in LIM Reports

By: Milke Toepfer Aspiring Law | 2013 September 30

Supreme Court Rules On Incorrect Information Regarding LIM Reports The Supreme Court has ruled that if a Council negligently includes incorrect information in a Land Information Memorandum,and the person who bought the LIM relies on that incorrect information, the Council [...]

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Residential Building Work and Licensed Building Practitioners

By: Anne Needham: Urban Legal | 2013 September 12

Residential Building Work – What You Need to know!   Since 1 March 2012 if you are undertaking any ‘residential building work’, which relates to the design and structural integrity or weather tightness of a house or apartment building, now [...]

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Property Party Wall Easements

By: Milke Toepfer Aspiring Law | 2013 August 25

A wall which separates one property from another may be built entirely on the land of one party, with the neighbour having no rights over it. However, often both neighbours will have rights over a wall which separates their properties, [...]

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Property Land Covenants

By: Anne Needham: Urban Legal | 2013 August 16

1. Land covenants are a mechanism used commonly by either land owners selling land and wanting to restrict its use, particularly if they are retaining neighbouring land, or to record agreed restrictions as between neighbours of adjoining property. 2. There [...]

Beware Of Leaky Homes

By: Anne Needham: Urban Legal | 2013 July 17

For all home buyers and in particular first home buyers, who may not be familiar with the purchasing process and what to look out for, you need to be satisfied that the home you are contemplating buying passes all it’s [...]

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Is Your Family Trust Watertight

By: Anne Needham: Urban Legal | 2013 June 21

NZ Family Trust: Potential Claims When Relationships End   As property investors many of you will have assets held in Trusts, which you may assume render those assets immune from relationship property claims. However given that there is a currently [...]

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Whats Happens If I Dont Settle

By: Anne Needham: Urban Legal | 2013 April 23

Auckland lawyers explain: Whats Happens If I Don’t Settle on Property Purchase.   You’ve declared the agreement for sale and purchase unconditional – or signed an unconditional agreement. Later, you find that you either can’t, or don’t want to, settle. [...]

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Property Caveats How Do They Work

By: Anne Needham: Urban Legal | 2013 February 15

Caveat Registration On Property Title. There are a variety of different types of caveat. The most common of these is a caveat claiming a right or interest in a property and registered against the title to a property. The effect [...]

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Signing Documents on Behalf of Trustees

By: Milke Toepfer Aspiring Law | 2013 January 23

Sometimes, one of the trustees of a trust which owns, or wants to buy, a property wants to sign a document on behalf of one or more of the other trustees. This may be because the documents need to be [...]

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New Condition in Standard Sale and Purchase Agreement

By: Milke Toepfer Aspiring Law | 2012 September 6

The Ninth Edition 2012 REINZ/ADLS agreement for sale and purchase has now been released. There are a number of changes, but the one causing confusion is the addition of an optional condition making the sale conditional on the buyer getting [...]

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Investor Migration Policy Changes

By: Anne Needham: Urban Legal | 2011 September 8

INVESTOR MIGRATION POLICY CHANGES – Residential property development to become acceptable investments under New Zealand Immigration Investors Category. On 6 May 2011, the Minister of Immigration, Dr Jonathan Coleman announced a number of changes to the Immigration policy. What is [...]

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