Property

For many people, buying and selling property will be one of the most significant transactions they will ever make. 

Our lawyers can advise you on buying, selling and leasing a property.

We can advise you on all aspects of your sale and purchase agreement and make buying or selling a property a cost effective transaction for you by working in teams that include specialist legal executives and support staff.

Rural Property

We also have significant experience in rural property and enjoy helping our farming clients with all aspects of running a rural business, from advising on the best ownership structure, succession planning, business management, employment and OSH issues, financing, leasing, land development and subdivision and resource consents.

Our team engages in a wide range of property law, including:

• Buying and Selling a Property

  • If you are buying or selling a property you need an experienced property lawyer. Contact us before you start looking at properties.  We offer you independent advice and will act in your best interests.  We also provide access to KeyTrack to help communicate with you during your property transaction.

    We have a practical guide called "Time Well Spent" which is available free of charge to our clients.

• Making an Offer on a Property

  • Once you have found a property that you wish to buy you will need to make an offer for it.  To create an enforceable agreement it must be in writing.  The offer can be prepared either by the vendor's real estate agent or by us.  Our lawyers are happy to check your offer before your sign it to ensure it covers all key issues.

• Contract Preparation

  • There are currently two standard form agreements in use.  We recommend your offer is prepared using the standard ADLS/REINZ form.

    Your offer should cover any reports that are required.  These are most commonly valuation and building inspection reports and Land Information Memorandums.  It is also common for the offer to contain conditions relating to approval of the title to the property and arranging sufficient finance to fund the purchase.  There may be other terms that you will require depending on your particular circumstances.

• Buying and Selling Rural and Lifestyle Properties

  • Rural and lifestyle properties require special consideration.  We have experience in advising on contracts that involve good farming practice, animal husbandry, water, and resource management. GST implications often arise in transactions involving rural and lifestyle properties.  We can advise you on the GST implications.

    Contact our rural law team for further assistance.

• Structuring Ownership

  • There are a number of structures that our lawyers can help you consider when buying a property.  These include joint tenancy, tenancy in common, family trusts, joint family homes and company entities.  The best structure for you will depend on your personal circumstances, including your employment status, your exposure to creditors, your marital and relationship status and whether you have children. 

    This is a complex area and we recommend that you talk to us first. 

• Refinancing

  • All lenders have different criteria for loans.  If you are refinancing you should check that you will not face early repayment penalties for breaking a fixed rate loan.  There are various types of loans and it can be difficult to compare these with each other.  Our lawyers regularly deal with lenders and can help you ascertain the best deal. They can also be instructed by lenders to register mortgage documents.

• Financing and Securities

  • Ensuring appropriate financing and security arrangements are in place is important for both individuals and businesses.  In addition to the preparation of loan and security documentation, our lawyers can help you to ensure that any security structures are relevant and appropriate.

• Leasing

  • Leases are legal documents and their importance should not be underestimated. A lease gives one person (the tenant) the right to occupy and use the property of another person (the landlord) for an agreed period of time and upon agreed terms and conditions.

    We have an experienced team of lawyers to help you with all aspects of leasing.

• Subdivision

  • Subdivision is the division of land into two or more new titles and often includes the creation of easements, covenants, and consent notices,  which can significantly affect the owner’s use of the land. 

    Subdivisions are often complex and require the services of experienced lawyers.  Our lawyers can help you with all aspects of subdivisions.

• Resource Management Issues

  • Resource management issues can often arise with property, particularly with subdivisions.  Our specialist resource management lawyer  can assist if required.