A Practical Guide to Critical Conveyancing Issues: From Title to Termination

Feel assured in your ability to steer your clients clear of unforeseen conveyancing challenges. Understand the implications of structural alterations and consent requirements to untangle future complications and acquire the foresight to anticipate and prevent disputes related to contract breaches and terminations. Don’t miss this opportunity to sharpen your skills, ensure successful property transactions and protect your clients from costly setbacks. Conveyancing transactions often look straightforward - until boundary disputes, defective titles, or restrictive covenants throw a wrench in the works. Gain guidance on all of these risks and challenges.

Tuesday, 11 March 2025
11.15am to 12.15pm Navigating Easements and Covenants in Conveyancing

 

Consider the following issues and their impact on how owners may use their properties and examine how to explain these effects to your clients:  

  • Easements
  • Covenants
  • Restrictions imposed by statute 

Presented by Catriona Gordon, Director, Catriona Gordon Legal Limited

12.15pm to 1.15pm Dealing with Defective Cross Leases and Flats Plans

 

  • What constitutes a defective cross lease title
  • Structural v non-structural alterations
  • Lessor consent requirements
  • Redevelopments
  • Conversion to freehold 

Presented by Nick Kearney, Owner, Shore Legal Limited t/a Jim Thompson Law

3.00pm to 4.00pm Navigating Pitfalls That Can Go Wrong in a Standard Settlement

 

  • Claims for compensation
  • Pre-settlement inspection issues
  • Undertakings and certificates to lenders and for KiwiSaver withdrawals
  • Handling back-to-back transactions 

Presented by Richard Chen, Senior Associate, Hesketh Henry 

4.00pm to 4.15pm Break
Learning Objectives:
  • Understand key considerations for unit titles and disclosure obligations
  • Identify pitfalls in standard settlements and mitigate pre-settlement risks
  • Recognise grounds for breach and termination of contract sales 
Description

Attend and earn 7 CPD hours

Session 1: Complexities in Conveyancing: Title, Survey, Easements & Cross Leases

Chair: Jeanne Heatlie, Partner, Court One

9.00am to 10.00am THE SURVEYORS GUIDE: Survey Issues in Conveyancing Transactions

 

Cover key survey and title issues that frequently arise in property transactions, particularly those affecting conveyancing. Discuss real-world cases with practical solutions offered for resolving these issues.

  • Titles: defective cross-lease titles, titles limited as to parcels, reading title diagrams, occupation diagrams 
  • Boundary issues: pegging boundaries prior to sale, encroachments and their rectification, reliance on aerial images, poorly defined cross-lease and unit title boundaries
  • Easements: issues with rights of way, parking, and height-limited easements
  • Covenants: spatially defined covenants and height restrictions
  • Structures near boundaries: retaining walls, party walls and fences 

Presented by Graham Petrie, Survey Manager and Associate, Babbage Consultants

10.00am to 11.00am Title Issues Affecting a Conveyance of Property

 

  • Types of titles
  • Common issues
  • Best practices for lawyers and conveyancers 

Presented by Stephanie Snedden, Senior Associate, Buddle Findlay

11.00am to 11.15am Break
Learning Objectives:
  • Learn to resolve common boundary and title issues in property transactions
  • Navigate the complexities of easements and covenants in transactions
  • Manage defective cross-lease titles and understand consent requirements 
Session 2: Settlement Considerations, Breach & Termination in Conveyancing

Chair: Stephanie Aquilina-Little, Senior Associate, Jackson Russell

2.00pm to 3.00pm Unit Title Considerations in Conveyancing

 

  • Unit titles 101
  • Purchaser due diligence
  • Pre-contract & pre-settlement disclosure obligations 

Presented by Andrew Orme, Director, Lawson Robinson

4.15pm to 5.15pm Breach and Termination of Contract Sales

 

Gain insights into identifying breaches, understanding legal remedies, and navigating the termination process. Leave with practical tools to effectively manage contract disputes in your conveyancing undertakings.  

Presented by Simon Shamy, Barrister, Bridgeside Chambers 

Presenters


Stephanie Aquilina-Little, Senior Associate, Jackson Russell
Stephanie is the senior associate in Jackson Russell’s property team. She has experience in providing end-to-end solutions for a wide range of property matters helping clients navigate the complex legal landscape of property transactions. Stephanie has experience acting for vendors and purchasers in the sale and purchase of residential and commercial properties - including extensive due diligence reporting; acting for landlords and tenants in leasing transactions and disputes; easement issues; subdivisions and property development projects; boundary adjustments; financing and refinancing; drafting and advising on wills and enduring powers of attorney and acting on unit title matters for both bodies corporate and unit owners. Stephanie is a member of the Auckland Women Lawyers' Association (and a past treasurer), the Auckland District Law Society, the Women in Property division of the Property Council NZ, and the Property Law Section of the New Zealand Law Society, she is also a past member of the board of trustees for St Ignatius Catholic School. Stephanie speaks fluent french, having lived and worked in France with her family for several years.


Andrew Orme, Director, Lawson Robinson
Andrew returned to Lawson Robinson in April 2023 as a Director.  He re-joined the practice after over a decade in various partner and senior lawyer roles at large national firms. He attended Victoria University of Wellington graduating with a Bachelor of Laws and a Bachelor of Commerce and Administration (Accountancy) and was admitted as a Barrister & Solicitor of the High Court of New Zealand in 2003. Andrew has 20 years’ experience in property law and commercial law gained in New Zealand and overseas.  He specialises primarily in property development and transactions.  Andrew acts for a wide range of clients, including SME’s, national companies, property developers/investors and local government.


Richard Chen, Senior Associate, Hesketh Henry
Richard advises clients on the acquisition and disposal of significant commercial property portfolios, as well as a broad range of property matters including land development, property financing, due diligence and leasing. Richard also specialises in residential property transactions, providing practical and effective advice for first home buyers through to experienced property investors and high net worth individuals on the sale and purchase of residential properties, including “off the plans” agreements and occupation right agreements. Richard enjoys collaborating with other consultants such as surveyors, planners and accountants as part of large-scale property development projects. He is currently on The Law Association’s Property Law Committee.


Simon Shamy, Barrister, Bridgeside Chambers
Simon has represented clients in major cases before all the New Zealand Courts over three decades. This has included a large number of appearances before the Court of Appeal and Supreme Court. Simon’s approach to litigation is focussed on effective solutions which advance and protect the interests of his clients. He is committed to clear communication with his clients at every stage of their case. Simon initially practised as a general practitioner gaining extensive experience in residential and commercial property transactions and business sales and purchases, in addition to litigation. This extensive and broad-based background has played a large part in his litigation successes. It adds a layer of depth to his ability to assist in the resolution of disputes arising in the context of commercial and residential transactions and relationship property disputes. Simon has links with a large number of experts in fields such as accounting, engineering, building, taxation, private investigation and forensic science. Consequently, he is able to engage these experts to assist his client in any case he is involved with.


Jeanne Heatlie, Partner, Court One
Jeanne is a skilled litigator with many years’ experience both in New Zealand and abroad. Jeanne has represented Body Corporates and homeowners in building defect and weathertightness cases. She was an integral part of the Plaintiff team on the Nautilus litigation resulting in the largest award made in a defective building case to date. Jeanne provides advice on construction related issues, including schemes of repair and escrow arrangements. She also extensive experience in insolvency law and has represented liquidators and creditors in a number of high profile cases. She has been involved in investigations of large scale corporate collapses and the prosecution of claims for the recovery of assets. Jeanne has acted on claims against former directors for reckless trading and against auditors for breaches of professional duties. She has experience in a number of foreign jurisdictions.


Graham Petrie, Survey Manager and Associate, Babbage Consultants
Graham leads the Land Surveying team with a strong focus on relationships, customer service and high professional standards. Graham has a strong foundation in project and contract management, and organisational change and implementation projects. Graham’s technical skills cover a wide range of surveying disciplines as well as the entire land development and subdivision process. He has a special interest in GIS and geospatial data capture. Graham takes a blended technical and strategic approach to complex projects and problems to find innovative and cost-effective solutions, and he has a reputation for developing lasting relationships with clients.


Stephanie Snedden, Senior Associate, Buddle Findlay
Stephanie advises on the full spectrum of commercial and residential real estate work including acquisitions and disposals, development agreements, subdivisions, Public Works Act transactions and leasing across the office, retail, rural and industrial sectors.  She also has specialist expertise in forestry and climate change (ETS) matters.


Catriona Gordon, Director, Catriona Gordon Legal Limited
Catriona has worked as a property, trust and commercial lawyer in Rotorua since 1994. Her practice is strongly focused on the legal needs of private clients, their families, and small and medium-sized business owners. Her areas of expertise include Elder Law, Trust and Asset Protection, Commercial Property Transactions and Wills and Estate Planning.


Nick Kearney, Director, Shore Legal Limited t/a Jim Thompson Law
Nick has been in practice for two decades, and graduated with his Master of Laws in 2017, where he wrote a thesis on the role caveat emptor plays in real estate transactions, particularly following the introduction of the Real Estate Agents Act 2008. He takes a particular interest in the law around the role real estate agents play in property transactions and advises a range of parties - vendors, purchasers and agents - on their rights and obligations under the Act, and in related areas. He has acted for a large residential developer of sections for many years and is well versed in the technicalities and nuances of subdivisions.

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A Practical Guide to Critical Conveyancing Issues: From Title to Termination

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Tuesday, 11 March 2025
9.00am to 5.15pm New Zealand
CPD Hours 7
$690.00
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Morning Session
Tuesday, 11 March 2025
9.00am to 1.15pm New Zealand
CPD Hours 4
$420.00
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Afternoon Session
Tuesday, 11 March 2025
2.00pm to 5.15pm New Zealand
CPD Hours 3
$345.00
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