Property / Real Estate

Frustrated Leases - "If I Can't Get In Why Can't I Get Out?"

Created: Tuesday, 17 July 2012 12:00

A contract is frustrated if an unforseen event makes performance of the contract either impossible or performance is possible only in a radically different way.

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Uncertainty on landlords' ability to terminate leases where premises are untenantable

Created: Tuesday, 29 May 2012 12:00

The most recent High Court decision on untenantabilty has created uncertainty in relation to termination of leases when premises become untenantable as a result of damage or destruction to the premises or the building of which the premises form part. In such instances, does the lease terminate automatically under clause 26.1(a) of the commonly used ADLS lease form? Or, if the lease does not terminate automatically, can landlords, or only tenants, terminate a lease?

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When Electricity Lines and Trees Meet: Who is responsible for controlling the trees?

Created: Monday, 19 March 2012 13:00

The obligations on electricity providers and land owners in controlling trees adjacent to electricity works has been clarified by the recent declarations in Marlborough Lines Limited v Alasdair Lorne Cassels. The High Court judgment, released on 24 January 2012, will be of particular interest to both forestry owners and electricity providers.

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Overseas Purchasers of New Zealand Land – Test for Approval

Created: Thursday, 16 February 2012 13:00

Ministers directed to reconsider decision to approve sale of Crafar Farms

The High Court has ruled that the decision to approve the sale of 16 North Island farms to an overseas buyer should be set aside and that the relevant Ministers must reconsider their decision.

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Is Good Faith Needed in Due Diligence?

Created: Tuesday, 15 November 2011 13:00

When may a purchaser lawfully exercise the right of cancellation of a conditional sale and purchase agreement pursuant to a due diligence clause.

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Using an Encumbrance to Secure Performance of Obligations

Created: Wednesday, 02 November 2011 13:00

Nature and Purpose of an Encumbrance

Local Authorities frequently use the registration of an Encumbrance against a landowner's title as a convenient means of securing the performance of obligations by the landowner where other forms of security are impractical or ineffective.

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