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South Auckland Subdivision Lawyer – How To Subdivide

 

Subdividing property is a good way to make money from your land.  Whether you want to sell off part of your section for another home, split your section into two, or create multiple titles for more homes.  Whatever your aim, given the legal complexities of creating new titles plus the process for achieving this, it is a good idea to talk to a South Auckland subdivision lawyer to make sure there are no mistakes.

 

What Is The Process To Subdivide Property In New Zealand?

Definition of Subdivision

Subdividing is the process of dividing a plot of land into separate titles for each new section. This gives ownership to the entity that buys that particular, smaller parcel of land.  To ensure that ownership of a specific piece of land is clearly understood, a new title is created by Land Information New Zealand which then forms the basis of any future transactions about that parcel of land.

 

To create the new title, the person or organisation that is subdividing the original plot of land must submit an application and a plan for the subdivision to LINZ.

 

If anyone has bought a house, they will have seen the details of the legal description of the land their house is built on. Their lawyer will have checked the details are correct before allowing their client to proceed.

 

Given the exacting legal issues at stake, it is imperative to talk to a South Auckland subdivision lawyer so they can help people through the process to avoid costly mistakes.

 

Why Subdivide?

There are numerous reasons that people want to subdivide their land.

 

For example, they may have a large section in a town where additional homes could be built. That is a valuable asset especially in these times of constrained house building. The shortage of suitable building land is often cited as a reason for the rising cost of homes.

 

Another situation is if a farmer doesn’t want to farm all of his property. He can sell off some of his land to create so-called “lifestyle blocks”. This keeps the land in an agricultural state rather than a big housing development.

 

In Auckland land that was formerly used for industrial or commercial activities can be re-zoned for a different use, typically, for residential building. This turns redundant brown-field sites into useful land for housing.

 

Legal Issues With Subdividing

The over-arching Act that affects subdivisions is The Resource Management Act.

 

The Act integrates both planning and subdivision controls so that all subdivisions receive a resource consent and comply with the local District Plan.

 

The Subdivision Process

The first step before you commit to any significant expenditure is to ask your subdivision lawyer to confirm if you will be allowed to subdivide your land, and secondly, will it be practical.

 

While each property is different, the basic stages are much the same. The process is long and complicated and will need expert advice and assistance at most stages.

 

The various steps for subdividing land include:-

• Getting resource consent from Auckland Council
• Having a survey plan drawn up
• Acceptance or sealing of the plan by the Council
• Submitting the subdivision plan to LINZ
• Having the plan approved by LINZ
• Lodging the new titles with LINZ.

 

That seems relatively straight forward but each step requires a significant amount of work. The degree of work will vary depending on the location, size and requirements of your land.  For example, how much drainage do you need to have installed? Is electrical power available at the site. The list goes on.

 

How To Comply With The District Plan

The District Plan controls all local land development. Not all land can be subdivided so complying with the District Plan is essential.

 

Factors that affect potential compliance include:-

• The zoning for your property
• The proposed activity and whether it is a change of use
• The total area of your plot and the minimum lot size allowed under the District Plan. In Auckland the minimum is now 480 sq metres for a single house down to 240sqm for Mixed Housing in an Urban Zone.
• Any protected vegetation on your land such as native trees.

 

There are other factors too, so it is essential that you seek professional advice from surveyors, planners and lawyers who understand subdivision.

 

Is It Profitable To Subdivide?

The answer is, “It depends.”

 

As we have seen, there are considerable costs involved but the price that you could gain from subdividing your land depend on the location, the number of new titles and critically, the terrain.

 

Sloping land for example, is more expensive to add infrastructure to than flat land. You will need to pay engineers, surveyors and consultants for more complex land and subdivision.

 

Other unknown cost include any appeals that you might need to make, how many titles you are creating each of which will necessitate its own set of legal documents and processing.

 

Difficult locations or terrain are likely to incur delays, and resubmitting documentation.

 

You will also have to finance the works so you need to factor in lending costs too.

 

Summary

If you have a section of land and are thinking about subdividing it, talk to a South Auckland subdivision lawyer first before you do anything else. They will be able to tell you from the start if there is a possibility of subdividing your property. They cannot ensure it will be successful but they will at least be able to say if there is no chance.

 

Contact McVeagh Fleming in Manukau City. Their website is www.mcveaghfleming.co.nz

What Is A Power Of Attorney And Why Is It Important?

A Power of Attorney document gives a chosen person (sometimes a lawyer, other times a relative) legal authority to act on behalf of someone else in case they are unable to do so themselves. It allows the authorised person to manage the financial and/or business affairs of another in instances such as absence due to illness, overseas travel, or in the event of mental incapacity and a range of other issues agreed in the Power of Attorney document. For many people it is best to talk to a North Shore lawyer for Power of Attorney advice and support.

Why is it Important to have a Power of Attorney in place?

If at any time in your life you are considered incompetent to deal with your own affairs, you will need a trusted and competent person to do so on your behalf. A Power of Attorney allows you the opportunity to choose the person you trust with the power. They will only be allowed to operate within defined limits and authority that you set out in the Power of Attorney document. The document and its powers are to protect, rearrange, or deal with your financial and/or business affairs in a responsible manner. If for any reason you become unable to manage your own affairs in the future and you have not organised a Power of Attorney, a court of law may have to appoint persons, usually referred to as conservators, guardians, or committees, to act on your behalf. If court proceedings become necessary you may no longer be able to choose the person you would prefer to represent you. It will also take more time and cost more money.

What Acts does a Power of Attorney Allow?

In a valid Power of Attorney, the person you have named to act on your behalf will be referred to as your ‘Agent or ‘Attorney-in-Fact’ and will have the power to take any action permitted in the document on your behalf. In order to invoke such power, your agent may have to present the original, signed Power of Attorney document.

Different Types of Power of Attorney Documents

There are various types of Power of Attorney. You can see more detail here on the New Zealand law Society website. A brief summary follows:-

A Power of Attorney for Finances also called a ‘Durable Power of Attorney for Finances’, allows you to choose the person who will have the power to take decisions on your behalf regarding any legal or financial matters. In this document, you can be very specific about the actions you authorize the agent to take including the kind of decisions and which account/s the agent will have access to.

If you execute a Power of Attorney for Health Care, the agent can make decisions on the type of treatment you receive dependant on your medical condition. For example, becoming comatose or terminally ill or in situations where you may survive but are incapable of making your own medical decisions. This is a separate document that informs family members what type of medical care you want to receive or do not want to receive in the event that you are incapacitated. It can also be a directive that states that no heroic measures should be taken to keep you alive when there is no realistic prospect of full recovery. In some ways, a Living Will often duplicates the information contained in a Power of Attorney for Health.

An Enduring Power of Attorney legally authorises your agent/s to act on your behalf and, subject to certain conditions, will remain in force until death.

Guardianship is given by a probate court and is a legal relationship that gives a chosen person (guardian) the legal power to take decisions on behalf of the named person (ward). Proceedings for legal guardianship can be initiated in a probate court by a family member or friend. The court may require a medical examination, carried out by a licensed doctor, to establish whether the person’s condition makes him/her unable to meet the requirements essential for his/her personal health and safety.

Power of Attorney is also an important document for unmarried couples living together. It gives one partner the power to make decisions when the other becomes unable to do so. Without a Power of Attorney, the courts will usually assign power to the next-of-kin when a person becomes incapacitated.

Other Aspects of a Power Of Attorney

As long as you are alive you can revoke a Power of Attorney at any time by advising your Agent or Attorney-in-Fact of your decision.
A Power of Attorney can also have a date on which you wish it to expire.
A Power of Attorney can save you a lot of money and complication often in times of stress or emotional turmoil.

Imagine if a family member has a serious traffic accident and cannot make decisions about finance or health. With a Power of Attorney, the appointed agent can make those decision rather than having to go to court. Even simple things like stopping the electricity would need a court order without a Power of Attorney in place. Imagine too if someone has regular payments from their bank which are not necessary while they are away or incapacitated. If you have a Power of Attorney, then you can contact the bank on behalf of the incapacitated person and halt or suspend those unnecessary payments.

For help talk to a North Shore lawyer for Power of Attorney like McVeagh Fleming or visit their website www.mcveaghfleming.co.nz.

Reasons Why You Need a Builder For Major Remuera Home Renovations

If you are planning on some major Remuera home renovations, you will want to at least consider hiring a specialist professional builder for the job. While you might be thinking about going at it yourself, it is always going to be better to hire a professional to handle the job for you. Below, we will be going over some of the major reasons to do so.

Reasons To Hire a Professional Remuera Home Renovations Builder:

1. Save Money.

While you might assume that you are going to be able to save a significant amount of money by going at some construction jobs on your own, the truth is, you are only going to end up spending more money in the process. The best way to save a significant amount of money is by hiring a professional builder. By hiring a professional for the job, you are going to be able to really maximize the efficiency of the work being done and you will be able to decrease the total amount of money you end up having to pay on fixing things that you are likely going to mess up.

2. Safety.

Another reason you will want to hire a professional to handle the job is because they are going to be able to complete the job much safer than you would be able to on your own. Because of this enhanced safety, it is going to make the job much better overall as you are not going to have to put yourself at risk of getting hurt.

3. Experience.

Another reason you will want to consider hiring a professional is because they are going to have all of the experience needed to really get the job done the right way the first time. They will have the necessary experience that is needed to maximize your chances of having success with the entire build out and for being completely satisfied with it.

4. Results.

When you hire a professional to handle your major home renovations, you know that you are going to get the results that you desire. A major home renovation is not something that you want to go about yourself without professional help and professional equipment because it is simply not going to get done the right way. The fact is, these kinds of major home renovations are very difficult to complete. Not only that, but you want to be sure that you are getting the job done correctly the first time.

Otherwise, you will just have to get it redone. By investing in a professional, you are going to have the peace of mind knowing that everything is being handled by a professional. Whereas, if you tried to go at it by yourself, not only would you have to invest a lot of time and energy into it, you would likely have to invest in a lot of professional equipment that you are only going to use a couple of times.

Overall, it is always a better idea to simply hire a professional Remuera home renovations builder to handle the job for you. One such builder with an excellent reputation is Repair and Restore.

7 Questions to Ask Yourself Before Choosing a Custom Jeweller

 

Custom jewellery can be an amazing investment; it makes for great gifts and can be an awesome way to have something that’s really “you.” However, custom jewellery can only ever be as special as the jeweller who creates it. Before you commission a piece, ask yourself these questions about the jeweller.

 

1. How long have they been in the business?

If a jeweller hasn’t been around for very long, it’s possible they won’t be there in a year or more when the piece you’ve commissioned needs repairs or adjustments or you want a matching piece. Make sure the jeweller in question is reliable and will be there to help you with your jewellery for the foreseeable future.

 

2. Are other customers happy with them?

If you know anybody who’s had a piece commissioned by a jeweller you’re considering, make sure you ask them about their experience and see how you feel about the work. Otherwise, you may be able to find resources online offering customer reviews so that you can see how previous customers felt about the jeweller’s work. Learn all you can about how other customers feel; if other people have been happy, you probably will, too!

 

3. How is the price?

Don’t go looking for the cheapest jeweller in the area, but do make sure to compare prices of jewellers whose work you appreciate and don’t be afraid to quote a price of another jeweller to try to cut a better deal. Be prepared for custom-made jewellery to be a bit more expensive but some jewellers may bank on their being your first and only jeweller to investigate. As a result they may quote extravagant prices for pieces you could have made for a fraction of the price elsewhere.

 

4. Are they a good listener?

It may seem like it’s all about the craftsmanship, but even the best jeweller won’t be able to make something truly special unless they can pay careful attention to what you want in your jewellery. Make sure a jeweller can produce a variety of works for different situations and most importantly, make sure they can understand and create what you want to wear.

 

5. Are they knowledgeable about their trade?

Make sure your jeweller knows everything you’ll need them to know to make and maintain jewellery that you’ll love. A good jeweller should have a gemologist who knows all about precious stones and can help you find just the right rock for your budget. They should also be able to resize or repair any existing jewellery in addition to designing custom pieces. Make sure to confirm that your jeweller is capable in all of these areas.

 

6. What kind of return policy does the jeweller have?

Make sure your ring is covered if something goes wrong, or it doesn’t come out as expected. Look for a money back guarantee if something goes wrong and make sure repairs are covered if there’s a flaw in workmanship. If the jeweller is confident about their work, they should have a very comprehensive policy in place for the event of unsatisfied customers.

 

7. Can you trust this jeweller?

More important than anything else, you need to feel like you can trust your jeweller to do the right thing. Find out about their reputation in the community, look around online and talk to them in person to see if this is someone you feel you can trust with your jewellery and money.

 

Good jewellery is an expensive but at the same time is a special investment and it needs to be made by a jeweller who’s up to the challenge. Follow these steps to find a custom jeweller you can believe in and you’ll have an heirloom that can last generations.