Mortgagee sales Update
Helping a defaulting mortgagor – what to do when client rings saying “I’ve received a Notice from the bank…”
Boundaries and Title Limitations
- Cross leases
- Limitations as to parcels
- Removing and dealing with
Advising Clients on Body Corporate Rules
The prevalence of Body Corporate rules that are either ultra vires or contain rules that are ultra vires and invalid - having a serious impact on the management of all units and the common property in the development.
- Due diligence review of Body Corporate Rules
- Unit Titles Act Schedule 2 & 3 Rules - default rules
- Amendments to the Rules and compliance with s37 Unit Titles Act
- Incorrect registration of amended rules with LINZ could cause them to be ultra vires
- Consequence of rules being ultra vires and invalid
- Case Law - leading Fifer case & Velich case
Clause 6.5 of the Agreement for Sale and Purchase
Having regard to the recent Court of Appeal case Property Ventures Investments Ltd v Regalwood Holdings Limited. Obligations under vendors warranties, right of cancellation, right of compensation, effect of misdescription in clause 5.4.
Registration of Caveatable Interests
Sustainability, lodging of caveats pursuant to General Security Agreements, liability of practitioners in damages if they sign and register, need to hold a withdrawal of caveat.
Review of S.225 Resource Management Act
Ability of a purchaser to cancel, rules that apply to cancellation.
Questions & Answers
