Archive for March, 2010

Caveats and Registration

March 29, 2010

The Land Transfer Act 1952 in New Zealand provides for 5 types of Caveats.
A caveat is a warning to anyone to be aware. A Caveat is a notice which is registered against a title for any party to be aware that a claim is being made and sought. Caveats do not create new rights, they are used to protect existing ones. The person lodging a caveat must have reasonable grounds to register a caveat. If they don’t then they may be liable to compensate anyone who suffers a loss as a result of the registration.

The different types of Caveats are:
1. A caveat against bringing land under the Act.
2. A caveat against dealing with land.
3. A caveat against an application for prescriptive title.
4. A caveat as notice of interest in respect of compulsory registration of title.
5. A caveat to forbid issue of an ordinary certificate of title to replace a certificate limited by parcels.

Other types of Caveats can be registered by other statutes. As an example Section 42 Property Relationship Act 1976, where a spouse is claiming an interest in the other spouse’s property.

Or

Section 6 of the Joint Family Homes Act 1964 which allows a creditor to possibily lodge a caveat claiming an interest in the land due to debt.

The most common caveat we come across is the caveat against dealings. Generally a caveat is used by a person who wishes to protect an interest in land by preventing the registered proprietor from disposing of the land or dealing with it in a way that would affect the caveators rights and interests.

Caveats can be registered to protect a Purchaser under a long term Agreement for Sale and Purchase, or the Caveator is a lessess under an Agreement to Lease, or the Caveator is a mortgage under an agreement or unregistered mortgage, or the Caveator holds an option to purchase, or if the Caveator is a beneficiary under a Trust.

We would love to hear your comments and feedback :)

Caveats

March 25, 2010

The registration of a Caveat over a property is giving notice that there is an existing right to claim. A party lodging a Caveat must have reasonable grounds to register the Instrument against the Title. Under the Transfer of Land Act 1952 there a five types of Caveats.
1. A caveat against bring land under the Act.
2. A caveat against dealing with land.
3. A caveat against application for prescriptive title.
4. A caveat as notice of interest in respect of compulsory registration of titles.
5. A caveat to forbid the issue of a certificate of title to replace a title limited by parcels.

Caveats can also be registered under other statutes such as Section 42 of the Property Relationships Act 1976 where a spouse claiming an interest in the other spouses property may lodge a claim by registration of a Caveat.

This can also happen under the Joint Family Homes Act 1964, which allows a creditor of an applicant who claims an interest in land which is subject to an applciation under the Act.

Stay posted for more terms used in Conveyancing and we look forward to your comments :)

Well done Rotorua!

March 22, 2010

Stunning results from last week’s flurry of Fundraising. Our team had the honor of being part of several fundraising efforts.

First up, we enjoyed a delicious brekky kindly hosted by McDowells Real Estate aka The Professionals on Wednesday morning. Over $10,000.00 from their Charity Breakfast was donated to the Child Cancer Society.

Friday night, The You Choose Foundation held their charity auction, resulting in $15,000.00 being given to the Living Well Heritage Trust. Well done Glenn Austin and his team from Harcourts.

Finally the Relay for Life was held Sat-Sun at the Rotorua Stadium. An assortment of businesses and organizations banded together to complete the 22hr relay walk.

Much fun was had by all and we enjoyed spectacular company with the team from LJ Hooker.

Relay for life raised over $100,000 this year, proceeds going to the Cancer Society.

Stunning effort folks, we have every reason to be proud of ourselves. Keep up the great work!

The Team at Property Conveyancing Services we look forward to your comments and feedback. Kim :)

St Patrick’s Day

March 17, 2010

From the whole team at Property Conveyancing Services we wish all a wonderful St Patricks day, and I wish my mum a Happy Birthday. Let’s have a laugh;

Here’s to our wives and girlfriends, May they never meet!

A petty thief, a teacher and a lawyer die in a plane crash and go up to Heaven’s gates together.
When they get there they are stopped by St. Peter, who says: “Sorry, it’s crowded up here, you need to answer a question correctly, or else you can’t get in.”
He looks at the teacher, and asks her: “What was the name of the famous ocean-liner that sank after hitting an iceberg?”
“Oh, that’s easy,” the teacher replies, “the Titanic.”
So St. Peter lets her into Heaven.
Next he turns to the petty thief.
“How many people died on that ship?” St. Peter asks.
“Oooh, that’s tough, but I saw the movie, and I think it was 1,500.”
St. Peter steps away and the thief walks into Heaven.
Finally, St. Peter turns to the lawyer and says: “Name them.”

Word to the wise: never get in line at the bank behind someone wearing a balaclava.

Keep smiling :)

Well the Australians are moving forward. The National Licensing System is a Council of Australian Governments (COAG) initiative that will apply to a number of occupational groups. It would appear Conveyancers fall into the catergory of Property Agents and will be subject to the new system on the 1st July 2013. The draft bill was subject to a consultation process which ended on 28th December 2009. An online version of the draft bill can be sited at www.govdex.gov.au. I would love your feedback on any of my blogs. :)

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