Articles

Need a Will? (Yes You Do!)

Brandon Cullen

Wednesday, September 10, 2014

It is the old adage, nothing is certain in life except death and taxes. Death, however, often comes as a shock, not so much to the person who actually dies but to the family left behind to try and sort out the “estate” and what the deceased really wanted to happen with her antique dolls-house collection …  Read more

Effective Trust Management and Asset Protection

Tuesday, July 15, 2014

"Trust busting" is the term given to an attempt made to penetrate a Trust structure and have assets held by the Trust declared by the Courts to be owned personally by an individual. The implication of Trust assets being found to be owned personally is that these assets then become part of an individual's net worth and are an available "property pool" to former spouses/partners or creditors with valid claims against the individual.  Read more

Defective Cross Lease Titles

Friday, October 11, 2013

Looking at buying or selling a cross lease property? One of the most common issues plaguing cross lease properties throughout New Zealand is the likelihood the flats plan (which is meant to show the boundary lines of the house, garage etc) is out-of-date and has not been updated following structural additions or improvements. The reason: it's not, strictly speaking, necessary from Council's perspective, and building consent may be granted without any reference or requirement to update the property's flats plan. The flow-on effect from this is the flats plan (which is attached to the certificate of title) is "defective", arguably giving a purchaser the right to pull out of an otherwise unconditional sale and purchase agreement.  Read more

Commercial Property Due Diligence Issues

Monday, February 25, 2013

Purchasers of commercial property should undertake an exhaustive review of each potential purchase before declaring an agreement unconditional. This review should be undertaken in consultation with your lawyer, accountant, property manager, building inspector, lender, and otherwise as appropriate. Read more

To Gift or Not to Gift?

Tuesday, February 19, 2013
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Evicting a Commercial Tenant - Know Your Rights

Tuesday, February 12, 2013

The Property Law Act 2007 ("PLA") codifies – very strictly – the process and means by which a commercial tenant may be evicted for non-payment of rent or some other breach of its lease obligations. Whether you are the landlord or the tenant,it is critical you understand your rights and obligations in an eviction scenario.  Read more

The Unit Titles Act 2010 and How It Will Affect You

Tuesday, September 06, 2011

The Unit Titles Act 2010 will replace the Unit Titles Act 1972 in late 2010. The old Act has been unable to properly provide and cater for the myriad of significant multi-story unit title developments built in the last two decades, and the new Act seeks to address the shortcomings of the current regime. Read more

Purchase of Residential Property: An Outline

Tuesday, September 06, 2011

The following is an outline of all of the services we will provide to you during the course of your sale. This list is intended to let you know exactly what is required and to provide you with piece of mind that the service we are providing is of the highest standard: Read more

Sale of Residential Property: An Outline

Tuesday, September 06, 2011

The following is an outline of all of the services we will provide to you during the course of your sale.  This list is intended to let you know exactly what is required and to provide you with piece of mind that the service we are providing is of the highest standard: Read more

Matters To Consider Before You Sign An Agreement To Lease

Tuesday, September 06, 2011

The leasing market is ever changing.  Many would argue the current economy to favour tenants – there are a myriad of vacant properties currently available, and a definite lack of (quality) prospective tenants available.  Many tenants are looking to down size, if not liquidate, leaving landlords ("LLs") in the unenviable position of being forced to consider short term and stop gap solutions for their own cash flow purposes.  Enter the commercial real estate agent, armed with an agreement to lease ("ATL") ....  but beware, both LL and tenant, once signed the ATL will legally bind you to the terms specified and your lawyer will be unlikely to be able to re negotiate your lease.  It is important – if not critical – therefore, that both sides fully consider the ATL in detail before signing such.  A few key considerations are as follows: Read more

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