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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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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I have been named an executor of a will, what do I do now?

When a loved one passes away it can be a stressful time for the family. This is made easier when the deceased has left a Will which names their executors and clearly states their wishes. This can include directions as to burial or cremation and specific wishes for their funeral. The role of an executor is to administer the deceased’s estate. The first step is to get a list of the deceased’s assets and liabilities. If these exceed a certain amount (currently $15,000) then an application for Probate is required. What is “Probate”? Probate is a court order that formally
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The Hague Convention

The Hague Convention (“HC”) is the international law that governs the abduction of children. Abduction is defined as taking children from a country without the consent of their parents or guardians. Essentially, the HC regulates how countries interact with each other when a child has unlawfully been taken to another country. The HC’s objectives include securing the prompt return of a child wrongfully taken from a country and to ensure the rights of the custody for parents or guardians. It is important to note that the HC applies to moving children from country to country, relocation domestically (within New Zealand
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