Free Property Advice. Property law
- Easements An easement, simply put, grants a right to (usually) the owner of one piece of land, to do something on someone else's land, with a corresponding duty on the other person to allow him to do it. Read More »
- Leases and the Property Law Act 2007 The Property Law Act 2007 came into operation on 1 January 2008, and affects most leases, whether they were entered into before, on, or after that date. Shiree Blackwell, a solicitor at Harkness Henry & Co, take an in-depth look. Read More »
- Property Law Act 2007. What has changed? The Property Law Act 2007 came into force on 1 January 2008. This is the first review of our property legislation since 1952. Gerard Kilpatrick, a partner in the Warkworth Lawlink firm of Webster Malcolm & Kilpatrick, looks at some of the practical implications. Read More »
- Access to New Zealand's Walkways Did you ever go to the beach, only to see bach owners roping off a section of the beach to stop the public crossing it, and get the feeling that was somehow wrong? Read More »
- Time Limits and Leaky Homes revisited The High Court decision in Bunting & Gardner v Auckland City Council 21/12/07, HC Auckland CIV 2007-40402317 found that the filing of an application with the Weathertight Homes Resolution Service ("WHRS") does not stop time running for the purposes of court proceedings. As a result, homeowners facing weathertightness issues may need to make earlier strategic decisions about how to proceed with their claims. Read More »
- Boundary Fences You have found the home of your dreams, and you love everything about it ... except the hedge between you and the neighbour. You would prefer a solid wooden fence. Is there anything you can do? The neighbour’s dog keeps escaping and making its way into your garden through broken fence palings. When you ask your neighbour to fix the fence, they laugh and refuse, telling you to fix it if you’ve got a problem .... can you make them fix the fence? Read More »
- Claims against a Deceased Estate The Family Protection Act 1955 (“the Act”) enables people to make a claim against the estate of a family member whom they believe should have made provision for them in their Will by virtue of the family connection, but have not done so. This article looks at who can make a claim and in what circumstances. Read More »
- The Wills Act 2007: A Timely Reform of Succession Law On 1 November 2007 the new Wills Act 2007 came into force. The Act consolidates several pieces of legislation including the Wills Act 1837 (a United Kingdom statute in force in New Zealand) and no less than five Wills Amendment Acts enacted between 1852 and 2005. This article takes the point of view that a makeover of the existing law relating to wills was long overdue, as 170 years had passed since the original legislation was enacted. Katherine Heta, a solicitor practising family law with the Whangarei Lawlink firm of Webb Ross, gives us a brief overview of the new Wills Act and some of the changes that have been made. Read More »
- A Commonsense Fence - by Mick Strack Recent spats played out in the media between warring neighbours have prompted people to question their belief that their own legal boundary is in fact where their fence says it is. Otago University School of Surveying’s lecturer Mick Strack knows all about boundary issues and the bad behaviour than can result from them. As property owners we want to be sure of our investment by knowing where our boundaries are, and in the interests of privacy and protection, we usually want to fence that boundary. This ensures boundary lines are clear and obvious to all - especially neighbours. Read More »
- Update of Personal Properties Securities Act 1999 The Personal Property Securities Act 1999 ("PPSA") came into force on 1 May 2002, and reformed the law relating to security interests. A "security interest" means rights in personal property granted as security in a lending or leasing transaction, with "personal property" being defined as all property other than land. All security interests taken in personal property are subject to the PPSA. Read More »
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