Articles on Property Law

 
For help with property matters contact Kris Morrison
(348 8480)

Buying a Retirement Village Unit
If you are considering buying a home in a retirement village, then you need to be aware of exactly what you are buying and the sort of legal title that you will purchase when you acquire your new home.

Green Leases
Green leases are a relatively new phenomenon, but are becoming more common in Australia and New Zealand in association with the "Green Building".

Cancelling a Lease
New Zealand's Property Law Act 2007 (the Act) sets out rules for landlords wanting to cancel leases that their tenants have breached.  The landlord must follow a specified process before they can cancel the lease.  The process involves first giving notice and then taking possession of the property.

Signing Conditional Property Contracts
You may have noticed that on the back page of the standard form Agreement for Sale and Purchase of Real Estate there are recommendations to seek professional advice before signing (as well as directions to those recommendations directly above where you are to sign) – these recommendations are regularly overlooked, often on the basis that a purchaser believes the special conditions they have had inserted will act as "get-out" clauses, enabling them to simply back out of the agreement should they later have second thoughts about the purchase.

Farm Succession - Planning Ahead
Farm succession differs from non-farm based estate planning in that the farm is the major asset. As such it needs to provide retirement income for the retiring generation, as well as employment and income for the younger generation.

Problem Neighbours - What To Do?
Problems with neighbouring trees can be a common source of tension between neighbours.  Have you ever purchased a property and later discovered that your neighbour’s trees will eventually block your view or prevent your property from having the benefit of sunlight?

Time Limits for Leaky Home Claims
If you have any concerns that you may have a leaky home, it's important that you act quickly to investigate your concerns.

Building Compliance and The Building Act
The impact of the new Building Act 2004 (“Act”) is being felt is by vendors selling properties on which building work has been undertaken.  Purchasers often require evidence of compliance with the Act.

The Charities Act 2005
The new Charities Act was passed by Parliament on 13 April 2005.

Noisy Neighbours – What are your Rights?
Most of us are used to living in an environment where there is a certain amount of noise.  However, there are also times when noise can become excessive and can interfere with the peace, comfort and convenience of other people.

Retirement Villages Act 2003
The Retirement Villages Act 2003 (“the Act") was passed on 22 October 2003 and came into force in 2004.  The purpose of the Act is to provide greater protection to residents of Retirement Villages and their property rights, by providing a clear legal framework for residents, intending residents and operators.

Buying at Auction
There is an increasing trend today for properties to be bought and sold at auction. If you are considering buying at auction for the first time, be aware that there are some matters which differ from the usual 'offer on paper' which require your attention beforehand.

Enduring Powers of Attorney
A Power of Attorney gives someone the authority to act on your behalf. Prior to the Protection of Personal and Property Rights Act 1988 an attorney could not act on your behalf if you lacked mental capacity to give instructions to that attorney.

Legal Executives
Who are they and what do they do?

Is your 'joint' really joint?
Most people think their home is registered as a joint family home because both their names are on the title. This is WRONG!

Commercial Leases
An ounce of prevention is worth a pound of cure

Building Consents and Sale and Purchase Agreements
When purchasing a property, it pays to investigate the history of the buildings on the land. If there are no records of building consents having been issued by the council, then at best the buildings may have been constructed without council approval and may not comply with the building code. At worst, they may be dangerous for use and occupation.

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Gift Duty -
Abolished from 1/10/2011

Family Trusts -
What are the benefits?

Powers of Attorney -
What are they?

 
 

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