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Free Guide to Hiring a Real Estate Lawyer
Conveyancing is the legal process of transferring ownership of land or property from one person to another. In Feilding, as in the rest of New Zealand, conveyancing operates under the Torrens title system and is governed by national statutes and local regulations. Key national statutes include the Land Transfer Act, Property Law Act, Resource Management Act and Building Act. Local bodies such as the Manawatū District Council and Horizons Regional Council can also affect a transaction through rates, consents, land information memoranda and planning rules. Conveyancing work is commonly carried out by solicitors or licensed conveyancers who prepare and review sale and purchase agreements, carry out searches, manage conditions, arrange settlement and register transfers and mortgages at Land Information New Zealand.
A lawyer experienced in conveyancing can protect your legal and financial interests. You may need a lawyer in these common situations:
- Buying residential property - to review the sale and purchase agreement, check title, advise on encumbrances, and ensure conditions are correctly drafted and removed.
- Selling property - to prepare the transfer documents, advise on title issues, handle settlement and ensure your obligations are clear.
- Buying or selling a unit title - to check body corporate rules, levies, meeting minutes and special levies.
- Refinancing or taking out a mortgage - to ensure mortgage documentation is correctly prepared and registered.
- Dealing with easements, covenants or boundary disputes - to clarify rights and obligations and negotiate solutions.
- Purchasing rural or lifestyle blocks - to check access, water rights, effluent, fencing and any rural covenants or resource consents.
- Properties with potential Maori land interests or historical restrictions - to determine whether additional consents or processes are required.
- Complex transactions - subdividing land, development projects, or vendor disclosures that raise legal risk.
Key local and national legal aspects relevant to conveyancing in Feilding include:
- Land registration - New Zealand uses a Torrens title system administered by Land Information New Zealand. Ownership is evidenced by a certificate of title and changes must be registered.
- Local council requirements - Manawatū District Council issues Land Information Memoranda (LIMs) and rates information. LIMs disclose building consents, code compliance certificates, and known hazards or planning restrictions relevant to the property.
- Resource Management Act obligations - If a property needs resource consents or has planning restrictions, this affects permitted uses and future development potential.
- Building Act compliance - Building consents and code compliance certificates are important for ensuring alterations or additions meet the Building Code. Unconsented work can affect saleability and insurance.
- Unit titles and body corporate law - Unit Titles Act rules determine common property management, levies and meeting processes for apartment or townhouse complexes.
- Easements and covenants - Titles may contain easements for access, drainage, or services and covenants that restrict how land may be used or developed.
- Rates, utilities and services - Outstanding rates or service charges become important at settlement and may need to be cleared or adjusted.
- Overseas Investment and special land types - Foreign buyers may need to comply with overseas investment rules. Certain land types, or land with Maori interests, may have special consent requirements.
Conveyancing is the legal work involved in transferring land ownership. A conveyancing lawyer prepares and reviews sale and purchase agreements, conducts title and document searches, negotiates and advises on contract conditions, arranges settlement, prepares transfer and mortgage documents, and registers changes with Land Information New Zealand.
Timelines vary. From offer acceptance to settlement, an uncomplicated residential purchase often takes 4 to 8 weeks if conditions like finance and LIM/building inspections are satisfied quickly. Complex transactions, conditional sales, or issues discovered during due diligence can extend the process.
A LIM - Land Information Memorandum - is issued by the local council and provides information about the property including building consents, code compliance certificates, planning zones, known hazards, and rates. Buyers use a LIM to spot planning or building issues before they commit to purchase.
Your lawyer will typically obtain a title search, check for mortgages, liens, easements and covenants, order a LIM, confirm rates and service charges, review resource and building consents, and request any body corporate documents for unit titles. They may also advise on getting building and pest inspections and a valuation or finance confirmation.
Real estate agents can facilitate the sale process but cannot do legal work that requires a lawyer or licensed conveyancer. For document preparation, negotiating complex clauses, legal advice on title issues or registering transfers and mortgages, you should use a lawyer or licensed conveyancer experienced in conveyancing.
Typically each party pays their own legal fees. Buyers and sellers both engage their own lawyers. There are also government fees for document registration at Land Information New Zealand and costs for searches, LIMs, building inspections and valuations. The sale and purchase agreement can specify who pays GST, specified disbursements and any agreed adjustments at settlement.
At settlement the buyer pays the balance of the purchase price, outstanding rates and adjustments are calculated, keys are handed over, and the seller vacates unless otherwise agreed. Your lawyer coordinates settlement, lodges transfer and mortgage documents for registration, and ensures funds are distributed as required.
Ask about their experience in local conveyancing, typical fees and disbursements, whether they charge a fixed fee or hourly rate, how they handle communication and timelines, whether they will attend settlement in person, and for references or testimonials. Confirm what is included in their scope of work and what would incur extra charges.
Yes. For unit title purchases you should review body corporate minutes, financial statements, meeting resolutions, insurance cover, levies and any planned special levies. Check the unit title plan, rights to common property and any pending compliance issues. Body corporate matters can materially affect ongoing costs and rights.
Common risks include undisclosed title encumbrances, unconsented building work, hazardous site issues, planning restrictions, unexpected costs like special levies, and financing falling through. Effective due diligence - title checks, LIMs, building and pest reports, and clear finance arrangements - reduces these risks.
Useful organisations and resources to consult when dealing with conveyancing in Feilding include:
- Land Information New Zealand - for information about land registration and title processes.
- Manawatū District Council - for LIMs, rates information, and planning or resource consent matters.
- Horizons Regional Council - for regional environmental rules that may affect property use.
- New Zealand Law Society - to find and check credentials of lawyers and for guidance about legal practice standards.
- Real Estate Authority - for information about real estate agents and their obligations.
- Community Law Centres and Citizens Advice Bureau - for free or low-cost general advice if you have limited means and need guidance about next steps.
If you need legal assistance with conveyancing in Feilding, follow these steps:
- Gather key documents - sale and purchase agreement, any existing title information, LIM if you have one, and any building consent or compliance certificates you hold.
- Contact a lawyer or licensed conveyancer with local conveyancing experience - ask about fees, credentials, timeline and what is included.
- Arrange required inspections and finance pre-approval - organise building and pest inspections and confirm finance so conditions can be satisfied promptly.
- Instruct your lawyer early - early involvement helps identify title issues, negotiate useful conditions, and ensures searches and registrations are handled on time.
- Keep records and communicate - provide documents promptly, ask questions if you do not understand clauses, and maintain regular contact with your lawyer so settlement proceeds smoothly.
Conveyancing is routine for many people but can raise important legal and financial issues. Engaging a local lawyer who understands Feilding and Manawatū District processes will help reduce risk and give you clearer confidence through the transaction.
