Posts Tagged ‘Property Title’

Your Property Lawyer – 2010 Blog Highlights

Your property lawyer has an important part to play in the house buying process and lawyers rated a mention in many a Blog article in 2010. Here are the articles that highlight how helpful (and essential) a lawyer is when buying a house – read on and you will realise why it is a good idea to get a quality property lawyer early on in the house buying process and then make good use of them!

1. Your Property Lawyers Tips on House Buying Traps

Your property lawyer has experience in multiple house buying and selling transactions. They know all about what can go wrong, what things most commonly do go wrong, and what mistakes people make. This article has info on what a property lawyer thinks are the most common traps of house buying.

2. The Title Search

Here at Propertytoolbox we think it is really important to get a title check done really early on when you are thinking about buying a house - it is a cheap (and quite often free - if you have a nice lawyer) way of find out a lot about a property - it can really save you time and money as sometimes the title holds a few surprises! We tell all in this article 'A property title search - what is it?'

3. Lawyers & Settlement

Just what is your lawyer up to on settlement day? This is your lawyers big day in the house buying process - though they have helped you out with advice and a few checks up to this point - settlement day is the day where all the action happens! So just what happens? Find out here in our article on 'What happens on settlement day - the lawyer'.

These blog articles give some insight into what your lawyer is up to - the legal stuff re buying a house. If you want to find out more - check out the settlement section of the Propertytoolbox house buying guide.

A Property Title Search – What Is It?

A property title search or title check is a search and check done by your property lawyer or conveyancer of the records held by Land Information NZ (LINZ) regarding a house or property.

What Can I Find Out From a Property Title Search?

A title check establishes:
  • Who the owner of the property is.
  • Type of title i.e. freehold (fee simple), cross lease, leasehold, company share or unit title.
  • Any covenants or right of ways.
  • Any easements.
  • Boundaries.
  • Any other interests in the property (e.g. mortgages)

What Do the Results of the Property Title Search All Mean?

Freehold? Cross lease? Easement? Confusing! For explanations of all of these terms – head to our definitions section.

A lot of information can be found in a title check – your lawyer or conveyancer is an expert at working out exactly what is going on and can highlight any potential issues.

A title check can bring some information to light that can really affect the price you are prepared to pay – perhaps the title type is not what you expected, or the boundaries do not correspond with the fences, or easements are a problem.

Implications of covenants or right of ways may affect your enjoyment of the house, or put a stop to plans you have for the house (extensions or additions). Therefore it is a really good idea to get a title check done before you make an offer.

Making an Unconditional Offer?

If you are buying through auction or tender getting a title check done before making you offer is especially important. Commonly, the normal vendor warranties (promises) about features of the property and the purchaser’s right to requisition (raise objections to) the title are deleted from the sale and purchase agreement in the case of auction or tender.

This means you need to get your lawyer to check the title and any other reports on the property before the auction or the lodgement of a tender as you have forgone your legal right to raise objections by signing an agreement with the vendor warrantee clause crossed out.

Property Title Search


The Propertytoolbox Home Buyers Guide

The title is one of a few things your lawyer should check for you before you make an offer. This information is all part of the Propertytoolbox home buying guide.