Neighbours’ trees blocking your view

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Some properties have beautiful views.  If you have bought land with a nice view, it makes sense to build your house in a way that takes advantage of that view.  For example, you might put your deck outside of the main living area in the house and position the house so that this main area faces the view.

One day, when admiring the view, you notice some trees starting to grow on your neighbours’ property.  You hope the trees won’t grow ...

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Borrowing explained: loans, mortgages and guarantees

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Borrowing money

When you get a loan, the bank will usually require a mortgage and guarantee.

The loan relates to the amount of money you are borrowing from the bank and contains the bank’s lending terms that you have agreed to, such as the interest rate, repayment plan and the security required by the bank.

A mortgage is a charge that will be registered against the land belonging to the borrower or a related party.  This is the bank’s way of ...

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Watery worries over low laying land

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Winter is coming and so is the rain. If you own low laying land, you may be wondering how much run off you must endure from the higher land owners.

Owners of higher land (that is being or has been built on) are obliged to construct a drainage system that will dispose of surface water to an appropriate outfall, in compliance with the Building Code. The Code requires all buildings and site work to be constructed in a way that protects ...

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How can a caveat be removed?

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Any person claiming to be entitled to or beneficially interested in any land, or any person transferring land to be held on trust, is allowed to lodge a caveat preventing dealings with the land.

In this Blog I look at how to remove a caveat against dealings.

Removing a caveat

There are three ways to remove a caveat:

  1. The caveat can be withdrawn by the caveator (the person who lodged the caveat);
  2. By a court order for removal of a caveat;
  3. The caveat may lapse (on ...
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How to enforce your loan and who is responsible for unpaid rates on the mortgaged land?

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If you have loaned someone money and registered mortgage over their property as security you are a “mortgagee”.  If the borrower has stopped making interest and principal repayments there is a process you need to follow to enforce your rights under the mortgage.

What can you do?

If the borrower is in default because they have breached the terms of the mortgage, either because they have failed to make the required payments or they have failed to do something else under the ...

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Trespass over land by a person or wandering stock

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Trespass over land is either a civil offence (a “tort” based on case law – previously known as a “writ of trespass”) or a criminal offence (the elements of which are found in the Trespass Act 1980). Trespass is a possessory right and protects an owner or occupier of land from direct interference, or invasion, of his or her land by another person. The offence also acts as deterrence by punishing persons who ...

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