Free Property Advice. Owning property
- To Trust, or not to Trust? Have you ever considered establishing your own family trust, but didn’t know where to start, or if it was even necessary? Dominique Fourie, a solicitor with AWS Legal, looks at the advantages and disadvantages of family trusts. Read More »
- Estate Administration When somebody dies, the paperwork involved in 'proving' the Will and in sorting out the deceased’s property can be daunting for the family. What's involved? Read More »
- Operation of a body corporate and corporate secretary If you are looking at buying a unit title or developing a subdivision involving unit titles, you will need to deal with the body corporate that will manage your property. This article by Owen Culliney, a solicitor with Harkness Henry, offers some guidance on how a body corporate operates. It also outlines the duties of the body corporate secretary, who carries out the day-to-day operations of the body corporate. Read More »
- Enduring Powers of Attorney. Why you should sign yours today In this article Harkness Henry Associate Annette Edwards explains the law relating to enduring powers of attorney with reference to the law that came into force on 25 September 2008. Read More »
- My House, Your Castle? While the quarter acre dream may not be a realistic vision any more for all, the ability of land owners to sit back, and cast a proprietorial eye over their dominion in some cases remains the stuff of dreams. To learn that a structure thought to be on or within the boundary is in fact wrongly placed can be the stuff of nightmares. Read More »
- Autumn leaves – charming feature or nuisance? Autumn can be a delightful time of year, bringing a crispness to the air, not to mention the beautiful and ever-changing colours of the leaves of our neighbours' deciduous trees. But what if the leaves block our gutters, turn our paths into a hazard, or generally appear unsightly? Can anything be done? Fortunately, yes! Read More »
- Relationship Property - Contracting Out Agreements Increasingly New Zealanders are becoming more alert to the implications of the Property (Relationships) Act 1976 (“the Act”) and are seeking legal advice about the preservation of their hard-earned property. This article examines the "whos", "whys" and "whats" of contracting out (or "pre-nuptial") agreements. Read More »
- Subdivision, infill housing and restrictive covenants Back in the era of the quarter-acre pavlova paradise, there was no such thing as infill housing. Pretty much everyone owned their standard sized section with a "freehold title", which meant that your land was yours to do what you liked with. If you wanted to build a shed, put an extra story on your house, or knock up a three story apartment block, it was never a problem. Increasingly, however, we are seeing more and more infill housing, as owners of standard sized sections cross-lease or subdivide and build an extra house on the land. This article examines a hypothetical situation in light of the recent release by the Wellington City Council of a discussion document on infill housing, together with a couple of recent cases about restrictive covenants, and asks whether a combination of the two might help those who wish to restrict infill housing in their area in the future. Read More »
- A Guide to Family Trusts One of the few certainties in life is change. Although change can be exciting, it can also create significant financial risks for you and your family. Establishing a family trust can help to protect you and your family from these financial risks. The aim of this booklet is to provide you with the information you need to make when deciding (a) whether establishing a family trust is appropriate for you and your family; (b) how to establish your own family trust; and (c) how to administer your family trust after you have set it up. Read More »
- The mysteries of bodies corporate: A Guide to the rights and responsibilities of apartment ownership - Auckland Regional Council Moving into an appartment, terraced house or some other higher density form of housing can be a major change after a traditional house. But living in an apartment is appealing to an increasingly wide section of the community for a variety of reasons. This Guide recognises that many owners of apartments or townhouses don't understand how their body corporate works or how to make it work for them. It is an easy to read introduction to bodies corporate, and will help owners and prospective owners to get the best from their lifestyle and investment. Read More »
- The Problem with Unit Titles Apartment or townhouse living brings together people from a variety of backgrounds and circumstances who have little in common save for their address. The widely differing circumstances of owners within such developments can result in tension and conflict when there is a problem with the building they share ownership in. Read More »
- Farm Succession - Don't Delay Farmers are certainly talking about farm succession plans and do realise it is an important part of the farm decision-making, but many are only doing the talking. In this article, Aaron Drake - a partner with the Invercargill Lawlink firm of AWS Legal, specialising in rural law - reiterates the importance of planning for the future, and reminds us how important it is to go beyond simply planning and actually implement the succession plan. Read More »
- Trusts - The Paperwork is Crucial! Trusts are a popular choice for people who are concerned about protecting their assets for themselves and for their children. However, the formation of a trust by the execution of a trust deed and transfer of assets to the trust is only the start. A successful trust is one that is regularly monitored by the trustees and where there is a clear paper trail evidencing the ongoing administration of the trust by the trustees. Read More »
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