Conveyancing - we're rather good at it.
Kirsty is a key member of our superstar conveyancing team as she oversees all conveyancing transactions. Contact her today and she can help you out
At iCLAW, we are specialist property lawyers. We are here to help with your property transactions, whether buying, building or selling your first home, investing in commercial property, subdividing and developing, and much more. Think of us as your legal project managers - our job is to bring together all the different parts of your property transaction to ensure you get the expected outcome. We can help you as much or as little as you need, whether this is your first transaction or whether you are a seasoned pro.
We work with your real estate agent, mortgage broker, bank and the other party’s lawyer. When needed, we liaise with surveyors, valuers, councils and neighbours. When you get a building inspection report, toxicology report or Land Information Memorandum (LIM), we help you understand what you should expect, and we help you decide what actions you could take based on those reports you’ve received. We work with your KiwiSaver provider and help coordinate the flow of funds to ensure settlement takes place as expected and to the highest standards.
Conveyancing
Due Diligence
Title Review
KiwiSaver Withdrawal
Residential tenancies
Rural Land
Leasing
Kāinga Ora First Home Grant
Financing and re-financing
Relationship Property
Trusts
Cross leases
Unit Titles (Stratum Estate)
Shared ownership scheme
Co-ownership & Property Sharing
Multiple owners / Syndication
Subdivisions
Building & Development
Occupy & Occupation Right Agreement (ORA)
Whether it’s your first home, apartment, new build, farm or commercial property, we understand that buying and selling property can be stressful. Our dedicated lawyers and legal executives appreciate your needs and work hard to make the process seamless and stress-free.
Buying a home is one of the most significant investments people will ever make – it’s essential to check to ensure it will be a good one. A Due Diligence investigation will usually include checking the Title to the property, checking the Council Land Information Memorandum (LIM) and obtaining a Builders Report. Depending on the property, a buyer might get a toxicology report or seek specialist advice from an electrician, plumber and surveyor. We recommend you carry out additional legal checks for Cross-lease and Unit Title properties.
Boundaries, Easements, Covenants, Consent Notices and other encumbrances can all affect your Title. We can check to ensure everything is as it should be and that there are no surprises. As specialist property lawyers, we can advise on more complex title matters, including defective titles, Cross-Lease and Unit Titles (Stratum Estates). You can read more about Land Covenants in our article here.
When buying your first home, you may be eligible to withdraw your KiwiSaver to help pay for your deposit or the final part of the purchase price. Your lawyer must process this withdrawal. You can read more about KiwiSaver Withdrawals in our article here.
When buying your first home, you may be eligible for a first home grant from Kāinga Ora. This withdrawal must be processed through your lawyer and can take some time. It’s worth getting the process started early.
Banks who lend you money take security (a mortgage) over your home. You must sign these loan and security documents with your lawyer before settlement. Changing banks means discharging an existing mortgage and signing new lending documents for your new bank with your lawyer. We can assist with reverse mortgages for those looking to unlock home equity.
Will you own the property with another person, and will you contribute to the property equally? What should happen to the property if things don’t work out? Should everything be divided equally? Do you need to protect against relationship property risk? Lawyers can help you understand and protect against risk or unintended consequences.
Trusts are a common way to own property in New Zealand. A typical family trust will see your home owned by the trustees, who hold that home on behalf of the trust beneficiaries (usually you, your children, and any future grandchildren). Trusts can be used alongside Wills to provide for your family and offer protection against relationship property claims & debtors. Trusts also provide essential protections for those who can no longer provide for themselves due to age, infirmity or otherwise.
If you can’t reasonably afford to buy your own home, several providers aim to help you by purchasing part of your home for you, which you will then buy back over time.
It’s becoming more common for people to buy properties with friends and family. These arrangements can work well, but everyone must be on the same page about how they will own the property and what should happen when someone wants out. We recommend that you consider entering into a Property Sharing Agreement to reduce the risk of surprises so that each owner knows upfront what they can and can’t do with their share or the property. If the parties intend to contribute different amounts to the purchase price or mortgage repayments, this agreement is essential to have in place.
As an extension of Co-Ownership, some groups buy property together – often commercial property.
As property specialists, we complete subdivisions at all scales. iCLAW regularly assists with boundary adjustments, cross-lease to freehold conversions, fee-simple (freehold) subdivisions, large-scale residential and commercial development, unit title development and amalgamations. We ensure your subdivision is completed smoothly by working closely with your surveyors.
Building contracts contain complex rights and obligations – getting these checked is essential. Accurate ‘fixed price’ contracts are rare. We can help owners and developers understand and enter into build contracts for a first home or a multi-unit development.
Cross leases are unique to New Zealand, invented by a lawyer in the 1960s to get around subdivision rules. While cross-leases can no longer circumvent subdivision rules, many cross-lease titles exist throughout New Zealand. While they have their peculiarities that you need to be aware of – they are an excellent way to own land. Our legal specialists can help you fix a defective cross-lease title, update a lease or flats plan, carry out development on cross-lease land, or cancel the cross-lease and convert (subdivide) into a fee-simple (freehold) Title. We can also help you understand your rights under your cross lease and resolve any disputes or misunderstandings with your co-lessor.
Unit Titles are often used in apartments, townhouses, and other higher-density buildings, allowing the sharing of common areas or building elements between units. iCLAW acts on all areas of Unit Title and Body Corporate matters, from development and subdivision, advising on Body Corporate management, resolving disputes and carrying out due diligence.
Our team of expert property advisors include a former property manager, allowing us to provide practical (as well as legal) advice to both Landlords and Tenants concerning the Residential Tenancies Act 1986, boarders, and related matters.
We regularly advise on rural property matters, including a sale, purchase, subdivisions and leasing, or fencing and boundary disputes. We also assist families with structuring ownership of their assets, including planning for family succession and bringing the new generation into the family farm.
Our team can walk you through the entire process of entering a retirement village or other residential care facility, whether entering into a Licence to Occupy or Occupation Right Agreement.
We negotiate, draft and advise on commercial leases, sub-leases and assignments, and advise clients on lease disputes and rent review matters.
Kirsty is a key member of our superstar conveyancing team as she oversees all conveyancing transactions. Contact her today and she can help you out
Registered Legal Executive