Water was the hot topic in the 2017 election campaign. This year, with an election coming up shortly, there seems to have been little talk of water (or much policy at all, so far) with COVID still taking up most of the news space, closely followed by scandals of various sorts.
The Finite Supply of Water
To take and use water for irrigation an easement to get water from its source and a resource consent to use that water are both required. Problems may arise though, if users of the same source apply for new or renewed water consents. You may find yourself competing with a neighbour who has an easement right relating to the same finite source of water, even if it’s on your land.
Investment in Farming
Commercial property syndicates are becoming popular again due to the returns they are able to provide to investors in the face of low interest rates. While this type of investment has always been popular, we are seeing a shift from dairy and forestry into kiwifruit, apple, cherry and other horticultural sectors.
Legal documents signed during lockdown
During the COVID lockdown, special rules applied to the signing of some legal documents. Obviously it was, and is, not possible to have your signature witnessed by someone outside your bubble in Levels 3 and 4.
Relationship property claims
When entering a second or subsequent relationship, it is common to want to keep assets safe from relationship property claims. An effective way to do this can be by transferring assets to a trust. Care needs to be taken, however, to ensure you do this within the law.
Trustees’ decisions
Decision-making can be affected by bias. In a recent case , trustees’ decision-making came under scrutiny from the High Court.
Property briefs
In response to the COVID pandemic, changes continue to be made around tenancies – both residential and commercial – as well as mortgages and lending.
Commercial leases post-COVID
In the past three months, most landlords and tenants would have become more familiar with the details of their lease. In particular, most will be looking at how clause 27.5 of the Auckland District Law Society (ADLS) lease applies to the government-imposed lockdown that we have all experienced as a result of COVID-19.
Residential tenancies post-COVID
Due to the COVID lockdown and the ensuing impact on the country’s economy, the government has made temporary changes to the Residential Tenancies Act 1986. These changes restrict a landlord’s ability to increase the rent or to end residential tenancies.
National Environmental Standards for Freshwater 2020
Water was the hot topic in the 2017 election campaign. This year, with an election coming up shortly, there seems to have been little talk of water (or much policy at all, so far) with COVID still taking up most of the news space, closely followed by scandals of various sorts.
Rural leases
In the Autumn edition of Rural eSpeaking we discussed the situation that COVID had caused with leases where tenants were unable to access their premises due to lockdown restrictions. Potential issues for the rural leasing sector arose from this problem, particularly given that rural leases are often in a different form to urban commercial property leases.