Pros and Cons of Purchasing a Leasehold Property | Conveyancing in Auckland Lawyers

What is leasehold land? Leasehold is a form of property ownership whereby you own the buildings and any other improvements on the site, but you lease or rent the land from a land owner. Each leasehold property needs to be assessed on its own merits as not all leases are the same. To discuss the pros and cons of purchasing a leasehold property with an approachable conveyancing lawyer in Auckland please contact Ian Mellett of Auckland law firm Quay Law.

See article below for recent press news.

Source NZ Herald October 2012

Angry Auckland apartment owners are rallying against a 470 per cent leasehold land bill rise.

Scene Three owners, previously paying $1400/unit annually for one-bedroom places, are now faced with $8000/unit bills payable to landowner Ngati Whatua o Orakei Maori Trust Board which this year won a valuation arbitration on its Quay Park land, allowing it to charge much higher fees.

Kelvin Horspool, an investor with a one-bedroom Scene Three apartment in the 164-unit block, has started a support group.

About 40 to 50 owners want to force changes so their bills are cut but they are also upset about the legal management structure, fearing the once-desirable 16-level Beach Rd block near the Countdown will deteriorate.

Apartment owner Richard Lamb had dire predictions, after Scene Three’s penthouse unit 1601, with a $625,000 CV, sold for $330,000.

Lamb bought his apartment two years ago for 60 per cent of CV, a reflection he said of leasehold bill uncertainty. “There was also some comment about Maori land,” Lamb said.

“I took heart in the land being Maori owned. “I anticipated a long-term view on the asset.

“I believed that a generally mutually rewarding situation over time would yield the greatest long-term return for the intended beneficiaries.”

But Ngati Whatua’s valuation win amounted to it taking “absolute top short-term dollar”, he said.

“The asset will be devalued over time, so the lease return will fall as the area becomes neglected and abandoned by lease holders, especially retailers and businesses.”

Tiwana Tibble, the former board chief executive, vowed two years ago to receive what it was due and encouraged early negotiations to avoid conflict.

“If you want to arbitrate, you want to think about that quite seriously. It’s a very costly exercise. If we can reach agreements, we’re better off. The last resort is to go to the lawyers.”

Scene Three residents complained this month that many owners lived in Australia and said it was hard to contact each other. About 88 per cent of owners are non-residents and rent their units out.

Neal McCarthy said his unit was cheap due to outstanding rentals.

“We have agreed to pick up the outstanding back [leasehold ground] rentals. This effectively will add who knows? It could be $20,000-plus dollars,” he said.

A valuer warned against buying residential leasehold property.

“I don’t allow my clients to buy leasehold land,” said Munroe Graham of Epsom’s Auckland Valuations.

“I tell them not to,” he said.

Graham said he had worked in the industry since the 1960s and knew of many cases where leaseholders had walked away from their buildings when land rents increased.

•Scene Three owners can email Kelvin Horspool at horspool@xtra.co.nz

Leasehold property pros and cons To Contact an apporachable conveyancer at Auckland law firm Quay Law

How long are New Zealand houses owned before they are sold

An interesting article.  Source : qv.co.nz

It is often said that properties are sold on average every seven years. Is that true? The answer is yes and no.

There are really two ways to answer that question. One way is to look at all houses in New Zealand at the end of 2009 and measure how long it has been since they were last sold. The other way is to look at just the properties that sell in a given year and measure how long they had been owned prior to selling.

Let’s look at the first way – on average, at the end of 2009, how long have all houses in New Zealand been owned, whether or not they sold. But first, a disclaimer of sorts. Our data goes back as far as the early 1980s which means we can measure sales up to about 30 years old. We have no record of sales prior to that (around 17% of houses) which means we can’t tell for those properties if the sale happened 31 years ago or 100 years ago. So we’ve removed these ones and just used houses where we can measure the time since the last sale. This means the average we can measure will be slightly less than the true average.

So what’s the answer? 7.2 years. But of course that doesn’t mean that all properties have been owned 7 years, in fact only 10% have been owned between six and eight years. About one third of houses have been owned less than five years, and over one quarter have been owned more than ten years. Houses owned between two and five years account for nearly a quarter of all houses we can measure.

 

Next we can look at just the houses that sold in a given year, and see how long they had been owned prior to being sold. If we do this for 2009 the average time since the last sale was 5.9 years.

So why 5.9 years when it was 7.2 years for average ownership time across all houses? The main reason is that by using the sales information we are only measuring the houses that sell in that year, not those that haven’t sold and have been owned for a long period of time. This pulls the average down. It also reflects that there is a portion of the market that turns over quite frequently, and these tend to dominate the sales in a given year. For example, first home buyers typically do not stay in their first house for long, instead trading up after a few years. Similarly young couples will tend to move to larger houses in family friendly areas after a few years. These transactions will tend to dominate the sales and overwhelm the much smaller number of sales of houses that have been owned for 20 or more years.

Using the average time between sales method we can also look for differences between years. We know that 2009 was a year where the housing market was beginning to recover from the lows of 2008. A good comparison should be with 2005 when the housing market was in the midst of a boom in both sales volumes and house values that was to stretch from 2003 to 2007. The average time since last sale in 2005 was 4.9 years. At first glance this does not seem greatly different to the 5.9 years for 2009. In part this is because an average is not a particularly good way to measure this sort of information where lots of data is bunched up at one end then spread out over the other. The chart below more clearly shows the considerable difference between the two years.

During 2005 there were a much greater proportion of sales of houses owned for less than two years. In fact these made up 28% of all sales in that year. In contrast, in 2009 only 14% of the sales were for properties owned less than two years. Conversely, in 2005 only 21% of sales were for properties owned between three and seven years, whereas in 2009 this was 32%.
This difference is due to the type of activity prevalent in 2005 where many more properties were bought and sold quickly for capital gain, especially by investors. In 2009 the investor activity had dropped dramatically as funding became harder to secure, and the prospect of quick capital gains appeared dim.

Myth busting

There is something of a myth floating around that lifestyle properties turn over very quickly as urbanites chasing the dream of semi-rural living soon learn the harsh realities of tank water, septic tank sewage, looking after paddocks and tending to the animals. The myth has it that these people toss in the towel after only a few short years and return to the city. So is this true or not?

Across New Zealand the average time that owners of lifestyle properties have been there is 7.2 years. Does that number sound familiar? It should – because it’s the same that we saw for houses.

Just like for houses, there are of course people who have owned their lifestyle property for less than two years. For lifestyle properties this is 8.6% which is actually fewer than for houses where it is 10.9%.

The story is similar when looking at sales of lifestyle properties in 2009 when 15% of those that sold had been owned less than two years. This is again less than houses where 18% have been owned less than two years. The proportion of houses and lifestyle properties owned for more than five years and more than ten years is very similar, in other words there is no evidence that lifestyle properties turn over more quickly than houses.

I think we can safely call that particular myth busted!

Executing a Sale and Purchase Agreement

The legal team at Quay Law recommends that you engage your lawyer to review any agreement for sale and purchase prior to executing same, as this will afford you the opportunity to make any suggested amendments.  It is extremely important to remember that once you have signed the agreement, a legally binding contract comes into force with the ensuing legal obligations.

Property Report – Remuera & Parnell – September 2009

Dear Valued Rob Report Subscriber,

Please find attached a copy of The Rob Report for Remuera & Parnell (September 2009).

0909The Rob Report Remuera & Parnell September 2009

If I can be of future assistance, please do not hesitate to contact me.

Coming soon….. FOR SALE – 5 Awarua Crescent, Orakei.

If you are looking for an 809 m2 site which enjoys ever changing city and harbor views (refer: Front cover of The Rob Report) to build your dream home – please do not hesitate to contact me.

Note: If you no longer want to receive copies of The Rob Report via email, please advise.

Regards

Robert Ashton AREINZ BE (Structural)

Residential Sales Specialist

D +64 9 520 8890 | M +64 21 633 398  | F +64 9 520 8880 | E robert.ashton@bayleys.co.nz

What a change of mood can do for the property market?

Extract from the Crockers Market Research Issue 52, November 2009 Last month we reported on the relative high point in net permanent and long term migration levels – with New Zealand’s net gain in population rising, we showed, primarily as result of fewer departures rather than more arrivals. Even with most new arrivals settling in Auckland, current migration patterns are not enough to account for the buoyancy of the local property market. So what is driving it? In our view, it’s latent demand. That is, people who have been putting off buying because of the recession, and who – collectively – have suddenly decided that, recession or no recession, it’s time to get on with life. It’s not that we’ve suddenly all become optimistic. In fact, we’re still worried about the prospect of losing our jobs (market research company Synovate reported in their May ’09 research study that for 33% of New Zealanders their biggest worry was them or the main household income earner losing their job – up from 29% six months earlier). In fact, New Zealand has one of the highest levels of concern in the Western world around job loss, way ahead of closest neighbour Australia. Despite this gloomy mood, the same research shows that people are now getting on with their lives. In November 2008, 23% of those surveys said they were delaying a major life decision. By May this year, this figure had tumbled to just 16%. Of those 16%, most said the two biggest decisions they were delaying were a change of job and buying into the property market. Further research since then, including data from the Westpac McDermott Miller survey, shows consumer confidence has risen despite GDP still failing to reach positive figures. While this confidence may be fragile, there is little doubt that people are bored with the recession, and are trying to turn themselves around attitudinally, as well as financially. The buoyant Auckland property market is perhaps the clearest sign so far that people have stopped delaying the big decisions in life, and are looking positively to the future.

What a change of mood can do for the property market?

Extract from the Crockers Market Research Issue 52, November 2009

Last month we reported on the relative high point in net permanent and long term migration levels – with New Zealand’s net gain in population rising, we showed, primarily as result of fewer departures rather than more arrivals. Even with most new arrivals settling in Auckland, current migration patterns are not enough to account for the buoyancy of the local property market. So what is driving it? In our view, it’s latent demand. That is, people who have been putting off buying because of the recession, and who – collectively – have suddenly decided that, recession or no recession, it’s time to get on with life. It’s not that we’ve suddenly all become optimistic. In fact, we’re still worried about the prospect of losing our jobs (market research company Synovate reported in their May ’09 research study that for 33% of New Zealanders their biggest worry was them or the main household income earner losing their job – up from 29% six months earlier). In fact, New Zealand has one of the highest levels of concern in the Western world around job loss, way ahead of closest neighbour Australia. Despite this gloomy mood, the same research shows that people are now getting on with their lives. In November 2008, 23% of those surveys said they were delaying a major life decision. By May this year, this figure had tumbled to just 16%. Of those 16%, most said the two biggest decisions they were delaying were a change of job and buying into the property market. Further research since then, including data from the Westpac McDermott Miller survey, shows consumer confidence has risen despite GDP still failing to reach positive figures. While this confidence may be fragile, there is little doubt that people are bored with the recession, and are trying to turn themselves around attitudinally, as well as financially. The buoyant Auckland property market is perhaps the clearest sign so far that people have stopped delaying the big decisions in life, and are looking positively to the future.

Trust and Related Legal Documents

 

Ian Mellett - Auckland Lawyer and Principal of Quay Law

Ian Mellett - Auckland Lawyer and Principal of Quay Law

Please find below a list of legal documents required when establishing and / or managing a Trust

1. Trust Deed.

2. Trustees Resolution.

3. Deed of Acknowledgment of Debt.

4. Deeds of Forgiveness of Debt.

5. Gift Statements.

6. Deed of Nomination

7. Agreement for Sale and Purchase for the trust’s purchase of any property.

8. Deed of Indemnity.

9. Memorandum of Wishes

10. Will (Recommended)

11. Enduring Powers of Attorney (Recommended)

For more information or if you have any further questions on Trusts and Asset Planning, do not hesitate to contact me.

Ian Mellett BComm LLB H Dip Tax is a Barrister and Solicitor at Quay Law in Auckland. Quay Law provides services in Wills and Estate administration, Estate Planning, Trusts and Asset Protection, Relationship Property, as well as Conveyancing, Commercial, Immigration and other areas of law.

Website:  www.quaylaw.co.nz Phone: (09) 523-2408  Fax:  (09) 523-2409

The Rob Report for Remuera & Parnell (August 2009 Issue)

To friends and valued clients of Quay Law.

Please find below a link to the property report created by Robert Ashton.  This report covers the areas of Remuera and Parnell and includes property sales for the month of August 2009,

Dear Valued Rob Report Subscriber,

Please find attached a copy of The Rob Report for Remuera & Parnell (August 2009 Issue).

Have a great month.

0908The Rob Report August 2009 Remuera & Parnell

Robert Ashton AREINZ BE (Structural) Residential Sales D +64 9 520 8890 | M +64 21 633 398 | F +64 9 520 8880 | E robert.ashton@bayleys.co.nz | Bayleys Real Estate Limited. A Member of Bayleys Realty Group. 55A Remuera Road, Newmarket, Auckland, New Zealand

Quay Law Newsletter – October 2009

 

To all clients and friends of Quay Law.

Auckland Law Firm, Quay Law

Auckland Law Firm, Quay Law

 

 

Quay Law is focused on providing value added services to you and in doing so we have embraced technology and are using many of the technical forums available to us in this age.

To keep you up to date with recent articles, legal tips and interesting related matters please follow Quay Law on Facebook , Twitter or view our  website and legal blogs.

Over the past months the Quay Law team have written various articles that have been published or placed on our website and legal blogs.

For your reference please find below our recent articles that may be of interest to you.

Unexpected costs when purchasing a property 

Immigration in the Current Time

Enduring Powers of Attorney – Law Change 

Administration of an Estate – Checklist for the Executor 

Estate Planning in an Economic Downturn

In addition, you may wish to  follow this  link to view our weekly tips of the week. These are short legal notes that we share with you and certainly hope that they will provide you with useful and thought provoking  information.

We hope that you have found this newsletter and included articles / legal tips to be of value. 

Please do not hesitate to contact us should you have any questions, or require any assistance.

Kind Regards

Ian Mellett and the Quay Law Team

www.quaylaw.co.nz

www.ianmellett.wordpress.com

www.immigratenz.wordpress.com

Skype contact : Quaylaw

Innocent buyers in need of protection

Monday Aug 24, 2009

By Anne Gibson – NZ Herald

Immigrants are being saddled with leaky homes, unwittingly buying into our national disaster, says a Remuera real estate agent.

Steve Koerber of Barfoot & Thompson has pointed the finger at vendors and other real estate agents, saying there is a lack of information about houses.

John Gray of the Homeowners and Buyers Association agreed that some agents were reluctant to let potential buyers know of weather-tightness issues, but an agency boss has rejected criticism.

Bryan Thomson, Harcourts chief executive, said agents were upfront if they were made aware of leaks. But not all vendors told agents about leak issues, he said.

Mr Koerber said migrants were particularly at risk because so many were unaware of the dangers of buying a New Zealand house. “I have a big problem with the fact that hundreds of new immigrants and some locals are literally stitched up into potentially leaky or actually leaky homes. Their eyes are wide shut and some owners and agents are genuinely relieved to find them,” Mr Koerber said.

He wants to meet Building and Construction Minister Maurice Williamson and persuade him of the need for Government-controlled inspections, particularly of houses built between the risky period 1991 to 2003.

He believes this is a viable solution to the country’s leaky-home crisis, thought to affect about 80,000 places.

A new law to protect buyers and sellers of plaster homes that demanded state inspection reports of at-risk houses attached to listing and sale and purchase agreements would help, he said. Homeowners would pay about $1000 for the reports, but the Government should subsidise this.

Mr Koerber said he knew some assessment reports on houses were inadequate but he suggested reports would need to comply with stringent guidelines highlighting risk factors including cladding, roof construction, location and when the house was built.

“If a house leaks and is bought ‘eyes shut’ by a new immigrant for $1 million, the actual value of that house could be, say, $800,000 if the problems had been/were found/known. If this immigrant stays a few years then sells under the same circumstances to another naive buyer, then the problem is hidden again,” he said.

The Government’s Weathertight Homes Resolution Service offers written assessments of homes not more than 10 years old which are suspected of leaking. A full assessor’s report costs $500 for a stand-alone property or single unit claim, $1000 for a duplex of two or more units or $1500 for a multi-unit complex.

Mr Gray said many of Mr Koerber’s suggestions were noble but ill-founded and impractical. “Unfortunately the Government does not have any appetite to get close to the problem nor to regulate anything. So it is left to us as a self-funded organisation to try to educate people about the risks of buying any home. Some people have jumped through hoops when looking at buying what is perceived to be a high-risk home and shied away to buy a perceived low-risk home only to find that is a disaster.

“Don’t drop your guard no matter what type of home you are intending to buy. It is unfortunate also that some owners who have had their homes remediated to a very high standard find themselves being victimised by naive agents and conveyance lawyers who advise their clients to stay away from a remediated leaky home.

“Every home should be subject to a pre-purchase inspection undertaken by a suitably qualified person when someone is committing to the biggest purchase of their lives. However, the real problem is the lack of suitable qualified, experienced and competent pre-purchase surveyors – with professional indemnity insurance – upon whom you could rely,” Mr Gray said.

http://www.nzherald.co.nz/property/news/article.cfm?c_id=8&objectid=10592715&ref=rss

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