How do you enforce land covenants when a neighbour is in breach? Good question. A land covenant is a document that creates a legal obligation to do – or not to do – something in respect to a property. It is registered on a record of title of a property. Land covenants can cover a variety of matters, such as what materials you can use in your
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The Residential Tenancies Amendment Act 2019
The Residential Tenancies Amendment Act 2019 (“RTAA”) was passed on July 30, 2019 and came into effect on August 27, 2019. The RTAA addresses key issues that have implications for both landlord and tenant and includes the following: tenant liability for damage, insurance, contamination of premises and unlawful residential premises. Tenant
The new Trusts Act 2019 — do I still need a Trust?
You may have heard the new Trust Act 2019 (“the new Act”) has recently been passed and comes into force on 30 January 2021. The Act applies to existing and new Trusts. If you have a Trust or are a Trustee, it’s really important you know about and understand these recent changes and how they affect you. The recent changes make trust law more
Purchasing a property at auction – what you need to know
There are generally three ways in which you can purchase property. The first – the most common way – is by offer and acceptance of a signed Agreement for Sale and Purchase between the vendor (seller) and purchaser (buyer) of a property. The terms of the Agreement for Sale and Purchase can be negotiated between the parties, whether through a
What it means to be an Executor and Trustee in a Will
Often when people are asked to be the Executor of a Will they accept the role without truly knowing its parameters. While we don’t want to deter anyone from accepting the responsibility to carry out this very important role, you must understand what it entails. When a member of the family or a close friend asks you to be the Executor of their Will,
Sole Trader or Limited Liability Company? Here’s the differences
We often get asked by people setting up a new business, “What’s the difference between a sole trader and a limited liability company? A sole trader is a common ownership structure used to operate a small business. The main operator of the business may be one person, perhaps supported by a family member such as a spouse. The extent of the sole
