Real Estate Jargon Explained.
Introduction.
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Certificate of Title
This is the ownership record of a property. It is an electronic record held by Land Information New Zealand (LINZ) It describes the property and shows the legal owner of the land and any mortgages or conditions on the title.
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Code Compliance Certificate
(CCC) A certificate from your local authority to say the building complies with building consent requirements. Check all buildings and alterations have a certificate before you buy.
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Chattels
Items that are sold with the property, yet may not necessarily be attached. (e.g. stove, curtains, whiteware)
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Fixtures
Items that are fixed to the property that would cause potential damage to remove. (e.g. shelving and fixed wardrobes)
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Conditional Agreement
A Sale and Purchase Agreement with conditions that must be met before everything becomes final. Both the buyer and the seller can put conditions in the agreement. Buyers often ask for conditions re checking the Certificate of Title and getting finance or a builder’s report.
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Covenant
A covenant is a record on the property title of a legal restriction or agreement the owner has to keep. For example, you might have to pay for fencing, protect a native tree on your land, or only be allowed to build with certain restrictions.
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Cross Lease
This is where there are two or more homes on a cross-leased property. All the owners own the land together and each owner leases the land their home is on from the others. All owners of the common land must agree before improvements such as paths, fences, or building alterations can be made.
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Deposit
The term “deposit” has a double meaning when it comes to buying a home. To the bank it’s the amount you put towards the home yourself. To a real estate agent and seller, it’s a payment you give them once you’ve agreed to buy the home (this money goes to the seller when your agreement becomes unconditional – or it’s returned to you if the sale doesn’t go through).
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Easement
If an easement is recorded on the title for your property, it means someone else has a right to use your property in a certain way – such as the right to run pipes or cables under your land, or to use a drive or path. Alternatively, you may have a right over someone else’s property.
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Encroachment
Part of a house or establishment illegally overhanging the street or a neighbour’s property.
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Freehold
This is the most common type of property ownership. It means you own the land and house with virtually no restrictions on your ownership rights.
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Rateable Value
Valuation undertaken by local authority and used to set annual land rates. Also known as a Government Valuation or RV (rateable value).
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Right of Way
A right of one property or the general public for access to or across another property.
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Sale and Purchase Agreement
The standard legal document that a written offer is drafted on. Property transactions In New Zealand are prepared on this.
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Settlement Date
Date when the funds are paid for the purchase and ownership changes hands.
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Title Search
A check of the title records to ensure that the seller is the legal owner of the property and that there are no other claims or outstanding.
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Unconditional
Means a Sale and Purchase Agreement made on a property either has no conditions attached or conditions have been met. An unconditional agreement is legally binding to both the buyer and the seller.
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Zoning
Local authority guidelines for the permitted use of land.