What is a caveat?
A caveat is a statutory notice that is registered against the Certificate of Title for land. It serves as a notice that the person lodging the caveat (‘the caveator’) has an interest in the land. One purpose of lodging a caveat is to Continue reading
DICK V LEE & ANOR (HC, DUN, CIV 2004-412-310 [31 May 2006])
Sometimes, builders neglect to give you an invoice immediately after contract work was finished or simply charge you much more than expected. What can be done if this happens? Continue reading
A mortgagor may be entitled to relief on a number of different grounds, either technical or substantive. Technical grounds might include non-disclosure, or faulty disclosure, by the mortgagee pursuant to the Credit Contracts and Consumer Finance Act 2003 or deficiencies in the form or service of a Property Law Act notice. Continue reading
Huang v North Shore City Council (High Court, Auckland, CIV 2005-404-002991, 12 December 2005, Venning J)
The plaintiffs sought to argue that the Council was negligent and in breach of its statutory duty when it issued a building consent and failed to supervised the construction of a house built in 2000-2001 and purchased by the plaintiffs in 2003. Continue reading
Drillien v Tubberty (High Court, Auckland CIV 2004-404-2873, 15 February 2005, Associate Judge Faire)
The leaky building saga has seen plaintiffs seek to make liable all of those involved in the construction of a property. In this case the defendant and his wife were the directors and shareholders of a company that purchased, developed, and sold residential properties in Auckland. This was an attempt by the plaintiff to make the defendant personally liable for the defects in the cladding, the external joinery, the roof and the structural framing timbers, on the basis that he owed them, as purchasers of the building, a personal duty of care in its construction. Continue reading
Cornerstone Group Ltd v OPM Financial Solutions Ltd (Court of Appeal, CA 11/05, 20 March 2006, Robertson, Randerson and Panckhurst JJ)
Can anyone who has helped you sell your property ask you to pay them a commission?
This concerned a number of issues arising from the development of a block of apartments at Orewa, north of Auckland, known as the “Nautilus”. The developer was Cornerstone Group Ltd. The only issue of concern here is whether OPM Financial Solutions Ltd (“OPM”) was entitled to recover commission for its part in selling the apartments. Continue reading
Trace Investments Ltd v Prince’s Wharf Property Fund Ltd (High Court, Auckland CL13/02, 5 July 2002, Fisher J)
With rising rental price, you as a landlord may want to raise the rent of your rental property. How can you do this effectively?
The decision involves an application by the tenant for a declaratory order that the notice given by the landlord purporting to initiate the rent review was invalid. Continue reading
Harrison v Shields (District Court, Dunedin NP435/00, 25 September 2002, Judge GS MacAskill)
There is always some risk involved when you decide to rent a flat or a house with someone else. Not many people realize that although she may not be at fault, she may be liable for other’s fault which resulted in damaging the rental property. Continue reading
Maclennan Realty Ltd v Court (2004) 5 NZ ConvC 193,900
Can your real estate agent purchase your property? How about as a trustee?
Ms Court engaged Maclennan to sell three town houses in Christchurch. The properties were sold to a family trust. A director of Maclennan Realty, Mr Maclennan, and his wife were among the trustees of the trust. Continue reading
Viaduct Harbour Holdings Ltd v Westhaven Properties Ltd (2005) 5 NZCPR 730
The characteristic feature of a ground lease is that the rental is assessed on the value of the land alone, ignoring the value of any improvements. If the lessee has obtained a land use consent which makes it possible to use the land more profitably, can this be taken into account in a valuation for rental review purposes? Continue reading