News and views

Our ability to access the ‘great outdoors’ in New Zealand is seen as something of a citizen’s right. At times, however, It does conflict with the rights of private landowners when, in order to access the great outdoors, there is a need to cross their private land first.

We’ve received several requests lately to provide a heads up on what happens when one property owner damages another party’s land. Where do responsibilities and obligations begin and end, we’ve been asked. And, not surprisingly, the big question: who pays?

Following on from last week’s blog exploring some of the key considerations when buying property, this time we’re looking at some of the important factors vendors have to stay across.

The property market’s never far away from the headlines these days – but whatever the state of the market, properties will still be traded, and the same old legal considerations are just as important to ensuring your interests are covered.

Anyone looking to buy land in New Zealand who is classified as an “overseas person” will need to sign on the dotted line before next Monday (October 22) or, otherwise, be subject to the new foreign buyer rules.

 Talk about a hot spot. The old adage “neither a borrower nor a lender be” is all good in theory – until you’re a doting parent confronted by your desperate, cap-in-hand child, all too aware you hold the only key to them getting into their own home.

There’s the old saying that “possession is nine-tenths of the law”. But, if there’s one piece of legislation that sets that concept on its ear, it’s the Personal Property Security Act (PPSA) – unfortunately, though, many businesses that supply and lease goods on hock still aren’t using this helpful credit control tool.

When it comes to “pushing the boundaries” in terms of property law, an area that throws up some interesting – and challenging – issues is encroachment.