Property Law – The origin of the term “real property” means property relating to things. Historically, land was the most important asset you could own, thus the term “real” linked with “property” meant land. This stood in contrast to personal and other forms of property. The distinction between land and other forms of property is carried through into today with, New Zealand’ widespread love affair with land. New Zealander’s today are far more interested in land as an investment compared to other less tangible types of property, such as shares and securities.
Land never goes away but the legal rules surrounding it are constantly evolving. Recent measures such as zoning requirements, resource management regulations, overseas investment consents, taxation and finance, together with matters of due diligence such as leaky homes, compulsory acquisition of land, ground rents and Treaty of Waitangi claims, means there is now a large number of items to be considered when it comes to matters of Real Estate Law in New Zealand.
What causes the most complications for people is the complexity of the contracts drawn up. Contractual issues can arise over the acquisition and transference of land, construction permissions, and restraints, leasing, and financing. There is also the ever-present possibility of a dispute over the land involved, which can lead to litigation if mishandled.
Our company-wide commercial, financial and dispute resolution skills will help you achieve your property goals and alleviate your concerns. Whether you want to buy or sell a house, protect your property from creditors, a spouse or partner, invest in land, develop land or use it commercially as a lessor or lessee, owner or farmer or whether you simply just like to enjoy your land as a lifestyle property or holiday home, our property legal team can help.
From contract initiation to completion, the skills and commitment of our team can assist in the following areas:
Residential Property Transactions
Moving house can be one of the most stressful times in life. We provide a comprehensive service to make the process of buying or selling a property as smooth as possible. We can help you with any of the following:
- Sales and purchases
- Mortgages and refinancing
- Cross leasing and unit titles
- Multi-unit apartments
- Property sharing agreements
- Ownership structures
- Asset protection schemes including relationship property agreements and family trusts
- Wills and estates
- Real estate agency issues including commission disputes
- Leaky homes
Commercial Property Law
Our commercial property services focus extends across a wider range of clients and industries and includes:
- Sales and acquisitions of land and buildings
- Investment structures including property funds and syndication
- Commercial leasing (such as industrial and retail at high street and mall locations)
- Unit title developments
- Retirement villages
- Lease negotiation and dispute resolution
Our property development team are available to advise on:
- Property due diligence
- Building Act and other legislative regimes
- Resource Management and Treaty of Waitangi issues
- Subdivisions – commercial, industrial, residential, rural
- Multi-titled developments and cross-leasing
- Project Finance
- Joint Ventures
We work closely with local authorities and your other professional advisors (such as tax, accounting, resource management, engineering and construction, and real estate agents) to ensure your project is managed to completion, on time and on budget.
Rural Property Estates
We have extensive experience in rural property transactions and our legal staff at our Highbrook and Warkworth offices will be more than willing to discuss your requirements. Our rural property services include:
- Overseas investment and residency issues
- Immigration-related to real property
- Sales and acquisitions of farms and horticultural blocks
- Lifestyle properties
- Ownership structures including trusts, relationship property, and estates
We are members of the Property Law Section of the New Zealand Law Society. Contact us on +64 9 969 0126 or by email.