Tag: Respect

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 :)

Conflicts of Interest

October 7, 2009

Following on from yesterdays blog, if a Practitioner is acting for more than 1 client in respect of a matter and it becomes apparent that the Practitioner will no longer be able to discharge the obligations owed to all of the clients for whom the Practitioner acts, the Practitioner must immediately inform each of the clients of this fact and cease acting for all clients. But a Practitioner may continue to act for 1 client provided that any other client concerned, after receiving independent advice, gives informed consent to the Practitioner continuing to act for the client and no duties to any consenting client have been or will be breached. Stay posted

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