Easements
An easement, simply put, grants a right to (usually) the owner of
one piece of land, to do something on someone else's land, with a
corresponding duty on the other person to allow him to do it.
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Leases and the Property Law Act 2007
The Property Law Act 2007 came into operation on 1 January 2008, and
affects most leases, whether they were entered into before, on, or
after that date. Shiree Blackwell, a solicitor at Harkness Henry &
Co, take an in-depth look.
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Property Law Act 2007. What has
changed?
The Property Law Act 2007 came into force on 1 January 2008. This is
the first review of our property legislation since 1952. Gerard
Kilpatrick, a partner in the Warkworth Lawlink firm of Webster
Malcolm & Kilpatrick, looks at some of the practical implications.
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Access to New Zealand's Walkways
Did you ever go to the beach, only to see bach owners roping off a
section of the beach to stop the public crossing it, and get the
feeling that was somehow wrong?
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Time Limits and Leaky Homes revisited
The High Court decision in Bunting & Gardner v Auckland City
Council 21/12/07, HC Auckland CIV 2007-40402317 found that the
filing of an application with the Weathertight Homes Resolution
Service ("WHRS") does not stop time running for the purposes of
court proceedings. As a result, homeowners facing weathertightness
issues may need to make earlier strategic decisions about how to
proceed with their claims.
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Boundary Fences
You have found the home of your dreams, and you love everything
about it ... except the hedge between you and the neighbour. You
would prefer a solid wooden fence. Is there anything you can do? The
neighbour’s dog keeps escaping and making its way into your garden
through broken fence palings. When you ask your neighbour to fix the
fence, they laugh and refuse, telling you to fix it if you’ve got a
problem .... can you make them fix the fence?
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Claims against a Deceased Estate
The Family Protection Act 1955 (“the Act”) enables people to make a
claim against the estate of a family member whom they believe should
have made provision for them in their Will by virtue of the family
connection, but have not done so. This article looks at who can make
a claim and in what circumstances.
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The Wills Act 2007: A Timely Reform
of Succession Law
On 1 November 2007 the new Wills Act 2007 came into force. The Act
consolidates several pieces of legislation including the Wills Act
1837 (a United Kingdom statute in force in New Zealand) and no less
than five Wills Amendment Acts enacted between 1852 and 2005. This
article takes the point of view that a makeover of the existing law
relating to wills was long overdue, as 170 years had passed since
the original legislation was enacted. Katherine Heta, a solicitor
practising family law with the Whangarei Lawlink firm of Webb Ross,
gives us a brief overview of the new Wills Act and some of the
changes that have been made.
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A Commonsense Fence - by Mick Strack
Recent spats played out in the media between warring neighbours have
prompted people to question their belief that their own legal
boundary is in fact where their fence says it is. Otago University
School of Surveying’s lecturer Mick Strack knows all about boundary
issues and the bad behaviour than can result from them. As property
owners we want to be sure of our investment by knowing where our
boundaries are, and in the interests of privacy and protection, we
usually want to fence that boundary. This ensures boundary lines are
clear and obvious to all - especially neighbours.
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Update of Personal Properties
Securities Act 1999
The Personal Property Securities Act 1999 ("PPSA") came into force
on 1 May 2002, and reformed the law relating to security interests.
A "security interest" means rights in personal property granted as
security in a lending or leasing transaction, with "personal
property" being defined as all property other than land. All
security interests taken in personal property are subject to the
PPSA.
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