All our Partners practice in the area of real estate, sales and purchases - financing of farm, residential and lifestyle properties. They each have more than 20 years experience in this important area which is a speciality of Glasgow Harley.

Property and Resource Management We handle all types of Land and Property transactions - Houses, farms, subdivisions, commercial developments, hotel and motels, foreign investments, aircraft, ship and chattels transactions, leasing, rural property transactions, financing and securities. Buying Property A purchaser of land is usually introduced to the land by a real estate agent who is the vendor's agent and the vendor pays. The purchaser who wishes to make an offer instructs the agent to draw up an offer in writing. We like to see the offer before you sign it to check your interests are protected. Alternatively the offer may be made "subject to solicitor's approval as to form, title and content". The offer is usually drawn on the Auckland District Law Society forms which are fair to vendor and purchaser. Agents are honest but are working on the vendor's behalf not yours. It is our job to protect you. The offer is then accepted by the vendor. Normally there are a number of conditions included which must be fulfilled or the contract does not proceed. The conditions may include the raising of finance, the sale of your existing property, obtaining satisfactory valuation, building consultant and local authority reports, and solicitors approval of the contract and title. A deposit is paid to the agent usually upon confirmation of the conditions. Settlement and the transfer of title are affected by the solicitors for each party on the possession date. You are entitled to re-inspect the property on one occasion before settlement. If you fail to settle you can be sued by the vendor for any losses and the deposit will be forfeited. It is necessary that you be given some 12 working days notice by the vendor before this happens. Finance is usually provided by banks or other institutions. Mortgage brokers also arrange loans through banks and are paid by the bank. Banks will normally charge you a fee and give part of this to the broker. Securities are prepared by your solicitor and registered against the title, to give the Bank a power to sell your property if you breach the terms of the loan.

Property Ownership in New Zealand The New Zealand system of ownership of land is a government-guaranteed system of title. Once you are registered as owner the State generally guarantees your ownership and the boundaries, location and area of land. Most land is freehold. In Nelson and Motueka there are significant areas of Church and Maori leasehold land. Resource Consents If you are purchasing property you should check that your intended use of the land is permitted by the local authority. If it is not you will have to get a resource consent. Minor consents can be granted by the local authority officers but major consents require a hearing. Talk to the local authority planning officer. If the property is already being used for the same use you intend, then it is likely that the existing rights will continue and no further consent will be required. A condition can be inserted in the purchase agreement to say that your purchase is conditional upon your obtaining resource consents for your intended use. If you do not obtain them, the agreement can be cancelled. We can act on your behalf in this process.