There are a lot of things that can complicate a property transaction, which is why so many buyers and sellers rely on the services of property lawyers and conveyancers. One of those complications is finding easements, caveats and covenants when conducting a title search.
Easements, caveats and covenants are common and place terms or restrictions on what you can do with your property or outline certain rights of other parties regarding your property. In New Zealand, information about these restrictions is listed on a record of title, held electronically by Land Information New Zealand (LINZ).
Easements
An easement grants another party the right to use your land for a specific purpose. Easements are typically granted to utility companies to run water pipes, gas pipes, sewage lines, drains and power lines through your property. Local councils and utility companies may sometimes have to install or conduct maintenance work on these power lines and pipelines.
There may also be an easement for anyone else who needs to access the land such as a neighbour who needs to access their property through your driveway. Easements can prevent you from doing certain things, such as damaging drains, water pipes or power lines or obstructing a neighbour’s right of way.
Caveats
A caveat is a notice that someone claims an interest in the land. For example, another party may have loaned money to purchase the property but is yet to register a mortgage on the title. They could register a caveat.
If a caveat has been registered, it is usually not possible to deal with the land until the claim has been resolved. This is definitely a situation where property lawyers should be involved as you want to ensure the caveat is removed to enable the transaction to be completed.
Covenants
Covenants are rules that the landowner must abide by and are generally restrictions on certain activities. For example, restrictions on the size of buildings and the materials they are made of, restrictions on cutting down certain trees and restrictions on what activities can be carried out on the land.
Covenants exist to allow neighbours and other people to continue enjoying the area, such as preventing sunlight or views of the ocean and other natural scenery from being impeded.
Contact Our Property Law Solicitors Today
If you need help with buying or selling a property, including conducting title searches, consult the team of property lawyers at Carlile Dowling. Our team has provided trusted legal advice for more than 130 years regarding property transactions as well as family law, immigration, employment law, commercial property law and more.
Get in touch today by calling 06 927 8150 or contact us online.
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