/Tag:Property Law

A Question of Property Access

The High Court emphasised in Lyons v Breslin (HC, 7/3/2012) that when a purchaser has knowledge that a property has no drive-on access prior to purchasing the property, except for a shared right of way with a neighbour, and subsequently purchases the property, the purchaser cannot then claim the property is landlocked under section 327 [...]

August 1st, 2012|Categories: Legal Developments|Tags: |

The Need for Unequivocal Communication When Renewing a Lease

When a lease is renewed, the process must be in conformity with the conditions agreed and the intention of the lessee to exercise the right of renewal must be indicated clearly and unequivocally. Although one would assume that this is a relatively simply process, the case ofVan Leeuwen v Super Shine Products Ltd (HC, 27/01/2011) suggests [...]

February 1st, 2011|Categories: Legal Developments|Tags: |

Rent Obligations in Canterbury

In the aftermath of the recent Canterbury earthquakes, questions have arisen over the liability of tenants to pay rent on premises that are damaged and/or inaccessible. Clauses 26 and 27 of the ADLS lease provides that if the premises or building under the lease is damaged or destroyed, as to make the premise untenantable, then [...]

February 1st, 2011|Categories: Legal Developments|Tags: |