If you’re going to buy a property it is crucial that you know what interests affect the title and the rights of the owner. Various interests registered against a title may set out rules and restrictions about how the property can be used or enjoyed. One type of interest that commonly appears on New Zealand… Read More.

In November the Land Transfer Act 2017 (‘LTA’) replaced the Land Transfer Act 1952. The purpose of the new Act is to modernise and simplify the law in relation to the transfer and use of land in New Zealand. One of the changes in the LTA will be to allow the registration of covenants ‘in… Read More.

When considering buying property, you may hear the term ‘easement’. An easement is a legal instrument that gives someone rights to use another person’s land in some specified way. Under the new Land Transfer Act 2017 the terms around easements have been modernised, but the fundamental principles around easements remain unchanged. The new terms emphasise… Read More.

Recently, we were asked whether a lessee under a farm lease was allowed to grant a licence to a beekeeper for a honey venture. Was the landlord required to consent to this? Was it a breach of the lease if it had already been done? Surprisingly, there is very little case law on this issue.… Read More.

[Summer 2014] Amendments to the Local Government Act 2002 in 2014 have addressed the contentious issue of development contributions. The changes, in force from 8 August 2014 through the introduction of the Local Government Act 2002 Amendment Act 2014 (the Act), are aimed at making development contributions ‘fairer, better focused, more transparent and more workable’.… Read More.

[Winter 2014] Introduction How do ‘cross lease’ titles differ from ‘fee simple’ titles? And why does it matter? Seemingly, most property purchasers are either are not aware of the difference between these types of title, or simply do not care. Such ignorance or disregard can sometimes cost them dearly. This article aims to educate the… Read More.

[Spring 2012] What responsibility do landowners have to protect their neighbour’s property when flooding triggers a landslide from one property to the other? Is it an act of God or a preventable interference with property rights? What if the landowner has made the flooding worse by altering the course of a stream, and does it… Read More.

[Summer 2012] If you need to create an easement which will affect land other than your own, then you will need agreement in writing from the owners of that other land before you go ahead. Sufficient clarity and detail in that written agreement will allow for matters to move ahead efficiently and without the need… Read More.