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Property Conveyancing News
Redundant Fencing Covenants – Property Conveyancing
February 17, 2012
Redundant Fencing Covenants – Property Conveyancing
When undertaking a Property Conveyancing Purchase or Sale a search of the Certificate of Title will ascertain what encumbrances are registered on the Title.
A Registered Conveyancing Practitioner must thoroughly check these encumbrances as there is a Requisition Clause 5 in the fine print of the Sales and Purchase Agreement which enables the Purchaser to Requisition any defect on the Title.
If there is a Redundant Fencing Covenant which has expired and this information will be contained in the body of the Covenant you could ask the Vendor’s Property Conveyancing Practitioner to have this removed prior to settlement and possession which would clean up the Certificate of Title for the Purchaser.
The process is pretty straight forward. All the Property Conveyancing Practitioner acting for the Vendor needs to do is contact Land Information New Zealand and request it to be removed. It does not need to have any Application for removal to be included in the edealing itself.
So if you have a Redundant Fencing Covenant registered on your Title and you would like us to check it out and see if it can be removed just contact us.
Cheers Kim 
Property Conveyancing and Changes to the Building Act 2004 Restricted Works
Since arriving in New Zealand 5 years ago from Western Australia it has been very interesting to watch so many changes taking place in the Legislation. These changes are in my opinion long over due and best to serve consumer protection.
To date I have watched the following legislation’s take effect:
1. Lawyers and Conveyancers Act 2006 – which I personally consulted to the Ministry of Justice on. This legislation took away the monopoly of the Conveyancing Industry from the Lawyers and Solicitors.
2. The Real Estate Agents Act 2008 – Regulating this Profession.
3. The Financial Advisors Act 2008.
4. The Unit Titles Act 2010.
5. And now the new Building Laws to introduce Licensed Building Practitioners effective from the 1st March 2012.
So what is a Licensed Building Practitioner and who does it cover. Any person who undertakes works in the Building Industry who are:
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Designers
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Carpenters
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Plasterers
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Roofers
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Brick or Block layers
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On site Managers or Supervisors
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or Foundation layers
must proved and demonstrate that they have the skills and qualifications to meet the new Industry Standard in order for them to become Licensed Building Practitioners.
So before you engage any of the above professions ensure they have the Licensed Building Practitioner logo to ensure they have been licensed.
It will be an offense from the 1st March 2012 for anyone who is unlicensed to carry out building works or engage the services of a person who is unlicensed. The only exemption is if an owner builder has obtained the appropriate builder exemption from their local authority.
DIY is in the Kiwi blood so you need to also be aware of your responsibilities as homeowners to ensure you abide by the Building Act for more information we recommend you visit http://www.dbh.govt.nz/info-for-homeowners-consumers
Property Conveyancing – Electronic Conveyancing Transfer
February 13, 2012
Property Conveyancing - Electronic Conveyancing Transfer
New Zealand is at the forefront of Electronic Property Conveyancing. It has slowly been introduced over a 5 year period by Land Information New Zealand and all Property Conveyancing is now completed electronically.
There are many benefits to both Clients who are selling or purchasing together with benefits to Property Conveyancing Practitioners.
Here are some of the benefits Property Electronic Conveyancing provides:
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Real time access to Property Title Searches, Plans and Documents which relate to any encumbrances affecting the property transfer together with Guaranteed Searches.
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Immediate registration of documents in relation to a Property Conveyance such as the Discharge of Mortgage, Transfer and Mortgage providing security.
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Simplifies lodgement process.
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Better Client Service delivery from Conveyancing Practitioners.
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High security through LINZ to reduce fraudulent transactions.
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Reduces the need for clients to have to make appointments to see Conveyancers during office hours. Enabling clients to sign documents in the privacy of their own homes after hours.
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No limitations to geographic location.
These are just to name a few. Land Information New Zealand no longer issues duplicate Certificates of Title so when your transactions has been completed you will only be provided with a copy of the Certificate of Title showing the property registered in your name, the Bank is also provided with a copy of the Title and Mortgage Instrument.
It is only Registered Conveyancing Practitioners or Conveyancing Solicitor/Lawyers who are issued with Digital Certificates to register and search documents Electronically with Landonline.
It is important that when you are selling or purchasing a property that you engage someone who can complete your Conveyancing by Electronic Conveyancing.
When you are signing the Private Client Authority and Instruction form to complete an Electronic Conveyance you are required to have your signature witnessed by a qualified witness and produce your original ID containing photo identification as the witness must confirm your identity. This is one of the requirements for Electronic Conveyancing.
All the Conveyancing Practitioners at Property Conveyancing Services Ltd are Registered Property Conveyancing Practitioners who can service your property conveyancing needs no matter where you are located in New Zealand.
We are proud to engage the modern technology of the 21st Century. Furthermore we not only service clients from all over New Zealand but also from Australia, United Kingdom, United States, South Africa and many other countries who are investing in property in New Zealand.
So engage the Conveyancing Professionals of New Zealand @ https://www.propertyconveyancingservices.com
Cheers Kim
Property Purchase – Pre Settlement Inspection
February 7, 2012
Property Purchase – Pre Settlement Inspection
When you are a Purchaser in a Property Conveyancing Transaction you are entitled to complete a Pre-Settlement Inspection prior to your Conveyancing Settlement being finalised. The property must be in the same state and condition as at the date you entered into the Agreement for Sale and Purchase.
We encounter many problems prior to settlement when our Purchasers have completed their final property inspection who raise concerns with some of the following matters:
1. The lawns and gardens have been left untidy.
2. The house and carpet have not been professionally cleaned.
3. The is extensive rubbish which has been left at the property.
4. Light bulbs are missing.
5. Electricial fixtures and fittings are not working.
6. The pool has been left unclean or the equipment is not working.
These are just to name a few. The biggest problem from a Property Conveyancers point of view is establishing if the issues raised were factual at the date the Agreement for Sale and Purchase were entered into.
The best way to avoid any issues at a Pre-Settlement Property Inspection is to have relevant clauses and conditions in the Agreement at the time it is being prepared. Here are some of the conditions we would recommend:
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The Vendor will at his cost arrange for a commercial cleaner to clean the interior of the house and have the carpets commerciallycleaned prior to settlement date.
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A warranty from the Vendor that the dwelling and property including the lawns, gardens and surrounds will be left neat and tidy at settlement.
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The Vendor/s warrant that all Electrical, Gas and Plumbing fixtures and fittings will be in good working at prior to settlement.
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The Vendor/s warrant that the pool will be professionally cleaned prior to settlement, and all pool equipment including the pump will be in good working order at settlement.
If it is clearly spelt out as a condition or warranty in the Agreement for Sale and Purchase we have something to work with, if it not it is pretty hard to determine.
So our recommendation is where you can have the Agreement checked by your Conveyancing Practitioner to make sure the conditions are to your benefit.
Want to know more please visits us @ https://www.propertyconveyancingservices.com
Cheers Kim
