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Property Law

Buying or selling property, be it a family home or investment property is one of the biggest decisions and financial commitments that most people will make in their lives.

We can provide you with advice and guidance on a wide range of Property matters including:

BUYING A HOUSE/RESIDENTIAL PURCHASE

We can advise you on what conditions you need to include in your agreement, what checks you need to make to ensure that the house you are buying meets your requirements; we can advise you on any issues or potential problems with the title to the property you are buying.

We can assist you by:

  • Drafting Agreements for Sale and Purchase
  • Checking agreements
  • Searching and checking the title
  • Arranging and checking LIM reports
  • Preparing and/or checking bank documents
  • Arranging bank loan drawdown
  • Completing Land Transfer requirements
  • Completing property settlement
  • Advising in respect of caveats

SELLING A HOUSE/RESIDENTIAL SALE

It is important to understand what warranties or guarantees you are making as a seller when you sign the agreement. We can advise you on this; we will also ensure that your bank loans are paid on settlement as well your rates and water rates.

We can assist you by:

  • Drafting Agreements for Sale and Purchase
  • Checking agreements
  • Searching and checking title
  • Completing rates enquiries
  • Preparing settlement statement
  • Arranging release of bank mortgages
  • Attending to repayment of bank loans Arranging final water readings
  • Filing notices of sale with council
  • Completing property settlement
  • Advising in respect of caveats

SUBDIVISIONS

We can assist you with the following:

  • Checking subdivision consent terms and plans
  • Liasing with surveyors
  • Communicating with councils and council solicitors
  • Crafting terms and conditions for easements and covenants
  • Preparing new title applications Arranging mortgagee consents
  • Lodging and registering subdivision documents in Land Information New Zealand
  • Completing issue of new titles
  • Drafting terms for agreements to sell subdivision lots

We can advise you on whether or not you should have building covenants or other restrictions on your subdivision development, and we can draft these for you.

We can also advise on the best way to arrange the title including cross leases, strata title or full freehold title.

We can also advise you on any easements that you may require and what the terms of those easements are.

MORTGAGES AND REFINANCING

We can assist with the following:

  • Negotiations with banks
  • Arranging release of existing securities
  • Preparing/compiling new loan documents
  • Preparing mortgage securities
  • Completing repayment of existing loans
  • Drawing down of mortgage advances
  • Completing title checks
  • Completing Land Information New Zealand registration

We can liase with your bank manager or broker to make sure that the finance arranged is best suited to you.

RURAL/LIFESTYLE SALES AND PURCHASES

We can assist you with the following:

  • Checking terms and conditions for the sale or purchase of rural properties
  • Including farming provisions
  • Checking Fonterra share clauses
  • Assisting with GST provisions of the agreement
  • Checking titles, LIM reports, valuation reports etc
  • Drafting/checking Fonterra share and supply transfers
  • Checking easements and covenants
  • Checking sharemilking contracts
  • Completing settlement statements and GST invoice
  • Arranging and preparing bank documents and bank security documents
  • Completing Land Information New Zealand requirements

We can advise you on what types of conditions or clauses you need to put into your agreement for your benefit or protection.

We will work with your farm advisor and accountant to ensure that your requirements and obligations are carried out

COMMERCIAL SALES AND PURCHASES

We can assist with you:

  • Drafting/checking agreements for sale and purchase
  • Checking leases
  • Searching and checking titles
  • Arranging and checking LIM reports
  • Checking company office records
  • Preparing mortgage and other security documents for banks
  • Preparing GST tax invoice and settlement statement
  • Completing conveyancing aspects of sale and purchase

We can advise you on the terms of any lease that might be in place on the building, or assist you with finding out information from the council on zoning requirements etc.

EASEMENTS, CAVEATS AND LAND COVENANTS

We can assist you with the following:

  • Drafting terms to be included in easements on your subdivision
  • Advise you on terms and conditions to be included in land covenants, and draft these terms for you
  • Arranging mortgagee consents
  • Help negotiate with council on any compulsory easements or particular covenants (such as conservation covenants)
  • Drafting of caveats, assisting with removal of caveats and advice regarding the nature of caveatable interest

Link to a Property Lawyer below

Property Team

Papakura

Manukau