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Conveyancing

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This site will give you many practical tips about conveyancing.

There is no law which prohibits you from carrying out your own conveyancing including the transfer of property, preparation of mortgages and registration of property interests in the Land Registry Office.

For a very helpful link, visit the Website of Land Information New Zealand through our direct link below.  We repeat the link for your convenience at the bottom of this page.

 

 

 

There is no law preventing you from drawing up your own agreement for the sale or purchase of land.  See the draft correspondence at the bottom of this page.

However, we do recommend that you consult a Solicitor and obtain a clear quote for legal services in the first instance.

We give this advice for several reasons:

Firstly, legal charge out rates for conveyancing work have become extremely competitive and frequently the purchase of a property, together with a mortgage to the bank lending the money, can be carried out for a few hundred dollars.

Secondly, and more importantly, most people who are purchasing a property must borrow money from a bank or a lending institution who will simply not allow you to carry out your own conveyancing.

The Bank will require a document known as a Solicitor’s Certificate certifying that the mortgage has been properly drawn up and signed and registered.

Put bluntly, the Bank or the lending institution needs someone to sue if things go wrong and you will simply not be lent the money if you indicate that you are going to do the conveyancing yourself.

Thirdly, the lawyer is insured. The Bank wants to have the security and knowledge that the person who is carrying out the registration of its mortgage is fully insured in case something goes wrong.

If you do the conveyancing yourself then you are not insured but if you pay a lawyer to do it then if something goes wrong you are also able to sue that lawyer and be covered by the insurance policy.

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"The fact examples or samples really helped me. Your topic also gave me confidence to speak up for myself. My case was a simple car accident but the other driver wouldn't pay and my lawyer was going to charge me $700 just to help. Netlaw allowed me successfully to "go it alone". Thanks. Thanks. I am on to making my own will now. Miriam (and hubbie)"
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"Bastard Noise control officers! What can you do? I don't mind really noisy things being stopped but the officers don't seem to realise who is a genuine complainant and who is just a difficult neighbour.

Steve H. Auckland"

"Would you have any information or help on neighbour with a noisy car REVERSE parking his car with difficulty causing noise disturbance at night, Also may visitors of his boarders come up and down and the driveway at night causing a lot of car noise. Jon

Netlaw replies: A really difficult problem.

Traffic enforcement through the police will not get involved unless the noisy vehicle is being operated on a public road and, even then, prosecutions for a noisy vehicle usually relate to a specific matter such as a car with no exhaust.

Noise control officers with your local Council will find it very difficult to take steps because their powers do not involve prosecutions and punishments but rather involve steps to control noise at any one particular time.

Technically, you can bring a civil action in what is known as the tort of nuisance, but this is time-consuming and fairly costly and usually used only an industrial situations or in urban areas where a neighbour is running a workshop with electric machinery all hours of the night.

You are therefore left, in practical terms, only with approaching the neighbour, perhaps with the assistance of a third person mediator, to try and resolve the matter.

There are no cheap, quick and easy legal remedies apart from the matters referred to above.

Hope this short overview helps.


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