Property

house construction

Property briefs

In this edition’s property brief we look at: Updates to the ADLS Agreement – important for buyers and sellers; Building in the Covid landscape; Harsh CCCFA provisions relaxed.

house in field with fence

Not sure of your boundary?

All property owners, whether commercial or residential, must ensure that any structure on their property is located within its legal boundaries.

aerial view of city

Resource consents

The Resource Management Act 1991 places restrictions on how your land can be used; this is done by the issuing of consents. If you are a property owner, or you lease premises to operate your business, we explain the various types of consent that you may come across from time to time.

Property briefs – Summer 2021

The country is now out of its second lockdown with Auckland and parts of the Waikato in Level 3 with the rest of the country sitting at Level 2. Given the current uncertainty with how we can get on top of the Delta strain outbreak, let’s have a look at where this leaves us and our property dealings across differing alert levels.

Caveats

The Latin word ‘caveat’ literally translates to ‘let him beware’. In a legal sense, caveats are generally used to protect the proprietary rights of the person registering the caveat by stopping the registered owner of the property from transferring, mortgaging or otherwise dealing with the property.

Disputes in contracts

Welcome to the Summer 2021 edition of Property Speaking, and the last issue for the year.

Lease vs licence

Leases and licences are common contractual arrangements. Although both are similar, there are crucial differences between them which can have significant implications for anyone who owns or occupies commercial premises.

Property briefs - July2021

Property briefs – June 2021

The big ticket items of the government’s recent housing package included the extension to the bright-line test as well as landlords no longer being able to offset their tax with interest paid on their rentals.

Clarity around fixtures and fittings

Clarity around fixtures and fittings

In December 2020, a commercial landlord and their tenant found themselves in the High Court arguing about who was responsible for replacing fixtures and fittings because their lease was silent on the issue. These types of disputes around fixtures and fittings in commercial leases are quite common.

Recent property tax changes

Recent property tax changes

In March 2021, the government announced three changes to property tax rules that are likely to affect anyone with residential property investments. The changes include extending the bright-line period from five years to 10 years, changing the main home exemption ‘test’ and removing the ability to deduct mortgage interest from rental income.