How can a Caveat protect your interest?

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

Can directors of building company be personally liable for leaky homes?

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

Who can receive a commission as a real estate agent?

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

How can a landlord raise rent price?

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

Can a land use consent affect valuation of ground rental?

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