Settlement

Pre-settlement inspection Before your purchase settles, you have the option to do a pre-settlement inspection of the property. This is a chance to check that the property is in the same condition as when you agreed to buy, and that the chattels are in working order. We work with the other side to ensure any issues are resolved before you pay your money over. Exchange of undertakings Undertakings are like an extreme pinky-promise for solicitors. If undertakings are not followed, solicitors can face significant liability and penalties. They are required when transferring property to ensure one party doesn’t run off
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Behind the Scenes

Kiwisaver and Kāinga Ora Your solicitor will be involved in the process of applying for your Kiwisaver withdrawal and Kāinga Ora First Home Grant. They will liaise with you and the providers to ensure all the documents are correct and the funds are released before settlement. You can read more about Kiwisaver and Kainga Ora here. LINZ and E-dealings You might hear your solicitor refer to “LINZ”, “LandOnline”, or “Land Information”. These all refer to Land Information New Zealand, which is the system where property ownership is recorded. It is where your solicitor will obtain your title search and other
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Sharing the Care of Children During Alert Levels 4 & 3

The nation unexpectedly plunging into lockdown again has caused widespread anxiety and uncertainty. Our children are precious, and Webster Malcolm Law is here to help you to make a decision as to whether shared care arrangements for your children can continue during lockdown, or whether the children should stay in one home.   If you need urgent advice for parenting, or are in need of a protection order, we continue to be available remotely for help.   The most important thing to consider is what is best for your children in your families’ circumstances, and whether shifting them between homes is safe
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First Home Purchase: KiwiSaver & First Home Grant

Kiwisaver If you’ve been a member of KiwiSaver for at least three years, you may be able to withdraw some or all of your Kiwisaver fund to help you buy your first home. You can qualify if the property is your first home and it is going to be your principal place of residence; it cannot be used as an investment property. In some cases, you may qualify even if you’ve owned property before (and don’t currently own a home). In a Sale and Purchase Agreement there is generally a deposit which must be paid upon the agreement becoming unconditional,
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What is Due Diligence?

A property is likely one of the largest purchases you will ever make in your life, so you must understand exactly what you are getting for your money. Before you enter into a contract, ensure that a solicitor from Webster Malcolm has reviewed the title and the Land Information Memorandum (known as a LIM) and that you understand the features of the property.
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Is you Trust ready for the new Trusts Act?

On 30 January 2021 the new Trusts Act (“the Act”) will come into force. The Act aims to simplify trust law and make it more accessible. The main changes include creating mandatory and default duties for trustees and provisions about providing information to beneficiaries. The purpose of these duties is to ensure beneficiaries can hold trustees to account. If you have a Family Trust, are a trustee or a beneficiary what do you need to know? The Trustees mandatory duties are: To know the terms of the trust. To act in accordance with the terms of the trust. To act
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Rent in Commercial Lease – Where do you stand?

In these unprecedented times where most businesses are either shutdown or forced to work remotely, does a tenant have to continue to pay rent and outgoings to the landlord for the premises that are leased? Some clarity can be found in the Sixth Edition 2012 (5) of the standard Deed of Lease prepared by the Auckland District Law Society (“ADLS Lease”). In the wake of the Christchurch earthquake many businesses/tenants were prohibited from entering their premises due to safety concerns regarding the stability of the building. This created a unique situation where tenants were still liable to pay rent and
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What to know when building a house with a building company

Building a house can be a stressful, expensive and intimidating prospect for both new and experienced customers. As such, ensuring you are aware of not only your rights and obligations, but also those of the builder, is crucial. Prior to even hiring a builder, you should complete your own due diligence on:  the builder,  your financial position,  the requirements of your lender during the build (if any),  what consents are required and when they should be applied for,  whether the building quote encompasses all aspects of the build (consents, labour, materials, mark-up, subcontractors, architects input
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The Queens Chain

Historically, the term ‘chain’ has been used to express a unit of measurement in respect of land and distance. Coincidently, the “Queen’s Chain” describes the kilometres of Crown land which exists throughout New Zealand to provide the public with access to coastlines, rivers, lakes and native bush. In reality, the Queen’s Chain is a term describing what is now generally accepted as the marginal strips of land or esplanade strips, which are normally 20 metres wide and adjoining many lakes, rivers and the foreshore. It can also include land which has been retained by the Crown for conservation purposes. These
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Different ways titles are held – Fee simple, cross-lease, unit title, leasehold

The title is how land information and ownership is recorded. It includes a plan of the land including the lot number and size of the land. It records who owns the property and any interests in the land such as, mortgages and easements. There are several ways that land can be held. These include fee simple, cross-lease, unit title and leasehold. A fee simple title is where the property is owned freehold and is the most common form of ownership. There are no restrictions on this type of ownership. A cross lease title is where there are several people who
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