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Category: Property & Real Estate

  • Body Corporate Business Update December 2017

    7 December 2017

    NEED A SCHEME?Leaky building? Significant repairs? Large-scale maintenance project?A body corporate facing significant building works to repair building defects and associated damage, or replace building components at the end of their useful life may be able to rely on the default statutory provisions of the Unit Titles Act 2010 (“UTA”) to complete the work. Alternatively, it may be either necessary or desirable to turn to section 74 of the UTA and establish a reinstatement scheme.While the default statutory provisions may ...

  • Vendor breached warranty in Agreement for Sale and Purchase

    6 December 2017

    In the recent case of Y L New Zealand Investment Ltd v Ling [2017] NZHC 1793, the High Court has held that a breach of warranty by a vendor caused loss to the purchaser of a property.Ms Ling entered into an agreement to buy a property in Pukekohe. It comprised of a house on 4.6 hectares of land that had been used previously for equestrian purposes, but it was purchased by the parties for future development.Ms Ling later on-sold the ...

  • Tim Jones retires from Glaister Ennor

    1 December 2017

    Tim Jones has advised that after 37 years with Glaister Ennor he is to retire from the firm.During his time at Glaister Ennor Tim has built a significant practice of private clients and has become an acknowledged expert in property development. He is regarded as an expert in property law by the legal fraternity and throughout the real estate business world.Tim has been an active member of the Auckland District Law Society and the New Zealand Law Society where he ...

  • Body Corporate Update October 2017

    5 October 2017

    Layered Developments A layered development is the creation of a new unit title development within anexisting unit title development – a little like a Russian Doll. Sections 19-22 of the Unit Titles Act 2010 (“UTA”) provide for the creation of subsidiaryunit title developments that sit within and alongside each other under a head orparent development. Examples of layered developments are set out in diagram formin schedule 1 of the UTA. The UTA has provided for layered developments since it came ...

  • Land Development - Removal of Redundant Interests

    5 October 2017

    A hot topic, at the moment, in land development is the creation of affordable housing. Affordable housing is a goal that many seek to achieve through cheaper construction methods, cheaper sales methods, and increasing the speed and efficiency of the build itself. But at the outset of a development even as early as the master planning phase, the removal of redundant easements and land covenants on the title can have a significant downstream effect in terms of lessening costs and ...

  • Home Buyer Assistance

    5 October 2017

    Helping first home buyers, especially in the Auckland marketplace, has been a topic of much discussion in 2017. While there are price pressure points, economic and lending hurdles to be overcome, there are several products and subsidies available to first home buyers, who can use the products and subsidies in conjunction with each other. The products and subsidies will help first home buyers onto the property ladder ...