A Practical Guide to Critical Conveyancing Concerns
When a problem arises in your conveyance that involves off the plan sales, easements, covenants, building reports/LIM Conditions or other conveyancing pitfalls, you need (1) information and (2) a strategy. Obtain a comprehensive breakdown of the latest critical cases and develop a strong financial management strategy to use across mortgagee sales, co-ownership, and tax. This practical program is not to be missed. WEB233NZA18Z
Description
Attend and earn 7 CPD hours
Session 1
Critical Updates and Risk Management Strategies
Chair: Thomas Gibbons, Director, Thomas Gibbons Law
9.00am to 10.00am Critical Conveyancing Cases
Analyse the latest conveyancing cases, including the key facts in each, the important takeaways, and the potential impact on your clients and your practice.
Presented by Glen Low, Partner, Franklin Low and Jasmine Daroch, Senior Solicitor, Franklin Law
10.00am to 11.00am Navigating Easements and Covenants in Conveyancing
- Handy tips when creating easements and covenants in a conveyance
- How to remove covenants or easements impeding your client’s development plans
- How to draft subdivision covenants that add value and are specific to your clients development
- A review of the leading cases and what to avoid when drafting easements and covenants
Presented by Stuart Ryan, Barrister, Akarana Chambers
11.00am to 11.15am Break
11.15am to 12.15pm Off the Plan Conveyancing Risk: Land Without a Title
- Acting for the seller: getting the contract right
- Acting for the buyer: advising on the contract
- When things go wrong: common issues before and after settlement
Presented by Carolyn Hintz, Senior Associate, Gibson Sheat Lawyers
12.20pm to 1.20pm Due Diligence Issues in Conveyancing Transactions
- Explore the issues of contributory negligence relating to the purchase of a property
- Consider the importance of the building report/LIM Conditions
- Analyse the remedies available under the Standard ADLS/ REINZ agreement for sale and purchase
Presented by Tim Rainey, Barrister
Learning Objectives:
- Receive practical takeaways by exploring key cases
- Gain a firmer understanding of easements and covenants
- Understand key considerations in off the plan conveyancing
- Firm up your approach to due diligence and explore contributory negligence and remedies available
Session 2
Financial Management in Conveyancing
Chair: Thomas Gibbons, Director, Thomas Gibbons Law
2.00pm to 3.00pm Mortgagee Sales
Gain a deeper understanding of the opportunities involved in a mortgagee sale, including the potential risks and how to mitigate them.
Presented by Nicola Robertson, Director, Sanderson Weir
3.00pm to 4.00pm Co-Ownership: The Bank of Mum and Dad
Analyse the latest in options and structures available to ‘mum and dad’ to support their children into home ownership, including:
- Loans
- Gifts
- Guarantees
- Co-Ownership
Presented by Dale Thomas, Director, McCaw Lewis
4.00pm to 4.15pm Break
4.15pm to 5.15pm Tax Triggers in Conveyancing
- The bright-line test changes
- The new “main home” exemption and how it differs from the old exemption
- Interest deductibility for residential rentals
- “New builds” and what this means for residential property investors
- Transfers involving land held on trust
- Tax considerations for change in co-ownership of land
Presented by Carla Cross, Specialist Tax Advisor, Lexicon Legal Limited and Harriet Zhang, Tax Manager, The Advisory Group.
Learning Objectives:
- Explore the opportunities and risks with Mortgagee Sales
- Analyse the latest approaches to co-ownership
- Receive valuable updates on key tax considerations
Presenters
Thomas Gibbons
Thomas is a property law specialist. He began his career with a national law firm, and was Partner/Director of a regional firm before setting up his own practice in 2020. He is the author of Unit Titles Law and Practice (1st ed, 2011, 2nd ed, 2015), and A Practical Guide to the Land Transfer Act (2017), as well as co-author of the Laws of New Zealand titles on Land Law and Easements, Covenants, and Profits. He has lectured in property law at various universities, and in securities law for LLB and MBA programmes. His articles have been published in New Zealand and overseas law journals. Thomas has given expert evidence on land development issues in the High Court, and is currently lead drafter on the ADLS-REINZ Agreement for Sale and Purchase of Real Estate. He is also a trustee of the Waikato Housing Initiative and the Waikato Community Lands Trust.
Glen Low
Glen Low is a partner of Franklin Law where he leads the commercial property team. With Offices in Pukekohe and Waiuku, Glen’s legal practice encompasses a wide variety of subdivision and property development work. Predominately a rural area, Franklin provides its fair share of legal conundrums for property lawyers assisting clients with subdivisions (complex issues arising from boundary encroachments, redundant easements, water supply arrangements, transferable titles and complex Records of Titles seem to feature disproportionately in a provincial practice). Glen gives regular public presentations on legal topics such as rural subdivisions and other matters of concern to Franklin locals. In addition to his seminars, Glen has written numerous articles on legal matters and has co-authored the Lexis Nexus chapters on Partnerships and Joint Ventures and has recently updated the Lexis Nexus Chapter on Easements following the new Land Transfer Act 2017.
Jasmine Daroch
Jasmine Daroch has been with Franklin Law since 2018 and is an experienced solicitor in the Commercial Property team. Jasmine works in Glen Low’s team and assists clients with a broad range of commercial property matters, including subdivisions, residential and rural conveyancing, and easements and covenant matters.
Stuart Ryan
Stuart is a barrister with a practice in resource management and public law. Stuart was a partner at Cooney, Lees Morgan and later at Hesketh Henry in Auckland before commencing practice as barrister in 2009.
Carolyn Hintz
While Carolyn is experienced in all types of commercial property, her first love is development. Carolyn’s experience combines over 15 years in private practice with 3 years at Land Information New Zealand, giving her a “inside out” view of the legal processes that we have to navigate to get a subdivision over the line.
Tim Rainey
Tim Rainey is a specialist commercial litigator who was admitted to the bar in 1992. Since then, Tim has gained extensive experience in all aspects of commercial and civil litigation. He is a highly skilled litigator with over 16 years experience in trial and Appellate Courts and specialist tribunals throughout New Zealand, as well as extensive experience in conducting mediations and other forms of alternative dispute resolution. Tim formed Rainey Law in 2009 after several years as a Partner in one of New Zealand's leading commercial and construction litigation firms and prior to that, many years experience working for a specialist insurance litigation firm.
Dale Thomas
Before joining McCaw Lewis, Dale worked in the property and commercial team of a Tauranga based law firm and prior to that as an enforcement officer for the Waikato Regional Council. He grew up on his parents’ dairy farm in Taupiri and continues to take a keen interest in farming. Dale has a broad range of skills working in Property, Commercial and Asset Planning on projects involving iwi property interests, subdivision and development, farm succession, syndication and leasehold issues. Dale believes in setting goals with his clients, and working with his clients as part of a team to achieve those goals. Dale joined McCaw Lewis in 2015 and was appointed as a Director of the firm in 2020.
Carla Cross
Carla is a tax and trust law specialist. She advises clients in relation to their business tax planning, as well as their personal asset planning. In recent times Carla has been working for mid-tier advisory practices. Prior to this Carla was the business unit lead for Private Client Services in New Zealand with EY, where she advised high net worth individuals and managed their tax and trust affairs. Carla has held various tax advisory and legal roles. Carla has a Bachelor of Jurisprudence and Bachelor of Procurationis from the University of Port Elizabeth as well as a Masters in Taxation Studies from the University of Auckland. She has been admitted to the Bar in New Zealand and South Africa, is a full member of the global Society of Trust and Estate Practitioners (STEP), and a member of the CAANZ Special Interest Group for Trusts. Currently Carla is a senior technical content manager for Wolters Kluwer in New Zealand.
Harriet Zhang
Harriet joined The Advisory Group as Tax Manager in 2022. Harriet has over 7 years of experience working in the tax space, 5 of which was at one of the top mid-tier CA firms in New Zealand. Harriet has worked with clients from a broad range of industries and enjoys providing clients with practical solutions to complex tax issues. She has a particular interest in the areas of property taxation and tax-efficient business structuring.
Nicola Robertson
Nicola is a banking and finance law specialist with over 18 years experience who advises many clients on property, commercial law, consumer credit law and manages our team of solicitors and legal executives.