Tag: Strata Title

THE IMPORTANCE OF OBTAINING A TITLE SEARCH PRIOR TO COMPLETING YOUR PROPERTY TRANSFER

Would you ask is it important to complete a Title Search on a property transfer and purchase prior to entering into an Agreement to purchase? I definitely hope you would and the answer is YES!

 

So why is it so important?

 

  1. It identifies the legal registered owner of the property and who has the right to sell.
  2. It identifies the correct legal description of the property to be noted on the Agreement or Contract.
  3. It identifies the area/size of the land.
  4. A search of the Title Plan will identify the boundaries of the property.
  5. It identifies the encumbrances to be discharged from the Title.
  6. It identifies the encumbrances and interests which will remain on the Title.
  7. It identifies what type of title i.e. fee simple, leasehold, cross lease, Maori land or strata title. Each of these titles has different estates.
  8. It ensures the correct property is being transferred. You need to always identify the Title and Plan to the property.
  9. It identifies any building restrictions or resumptions.
  10. It identifies the use of the land.

 

In essence make sure you order all necessary searches and read them carefully. If you don’t understand the searches check with your Registered Conveyancing Practitioner.

 

We have search requests available online Title Search. The importance of a little homework and due diligence can go a long way to protect one of the most important investments you will be undertaking in your property transfer and purchase.

 

Best wishes Kim :)

 

 

 

Unit Title

September 21, 2009

The Unit Title Act 1972 was designed to allow for development of high rise apartments, buildings, and commercial units. This enables the issue of a separate Title to the registered owner. The Title will comprise of an estate in the unit and any garden, garage or other accessory, an undivided share in the fee simple or lease hold estate in the common property and an undivided share in the fee simple. Interesting though the Government are proposing changes to the Unit Title Act to bring it into alignment to deal with Strata Title properties. Stay posted for further update and progress reports.

When ever you list a property you should always complete a Title Search:

1. It identifies the legal registered owner of the property and who has the right to sell.
2. It identifies the correct legal description of the property to be noted on the Agreement or Contract.
3. It identifies the area/size of the land.
4. A search of the Title Plan will identify the boundaries of the property.
5. It identifies the encumbrances to be discharged from the Title.
6. It identifies the encumbrances and interests which will remain on the Title.
7. It identifies what type of title i.e fee simple, leasehold, cross lease, maori land or strata title. Each of these titles has different estates.
8. It ensures the correct property is being transferred. 
9. It identifies any building restrictions or resumptions.
10. It identifies the use of the land.

In essence make sure you order all necessary searches and read them. If you don’t understand the searches check with someone who does your Conveyancing Practitioner. You don’t want any nasty surprises, for your client’s, your boss or your professional indemnity insurer.

We have search requests available online @ http://propertyconveyancingservices.com/online-title-search-request-form.html . The importance of a little homework can go a long way to establish trust with your clients now and in the future.

More importantly as quoted by Stephen Covey – “Trust is the cash of the new economy”

Cheers Kim :)

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