19 08, 2021

Hunters poaching on private land

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When hunting, you may find it is difficult to determine the boundary lines between public and private land, particularly as more and more rural land is becoming commercially and privately owned. You may have concerns about what will happen if you accidentally enter private land while hunting, or you may want to know whether you [...]

18 09, 2011

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 [...]

15 05, 2011

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. [...]

20 04, 2011

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 [...]

18 02, 2011

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 [...]

23 09, 2010

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 [...]

2 08, 2010

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 [...]

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