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Deed Of Assignment Of Land
"I need a Deed of Assignment of Land for transferring a commercial property in Auckland CBD to an overseas investor, with special consideration for Overseas Investment Act requirements and existing tenant leases that need to be preserved."
1. Parties: Identifies and defines the Assignor (current owner) and Assignee (new owner) with their full legal names and addresses
2. Background: Recitals explaining the ownership status of the land, the intention to transfer, and any relevant context
3. Definitions and Interpretation: Defines key terms used in the deed and sets out rules for interpretation
4. Property Details: Specific identification of the land being transferred, including legal description and title reference
5. Consideration: States the purchase price or other consideration for the transfer
6. Assignment: The operative clause that effects the transfer of the property
7. Assignor's Warranties: Warranties given by the current owner regarding title, encumbrances, and property condition
8. Settlement and Completion: Details of how and when the transfer will be completed
9. Costs and Stamp Duty: Allocation of transaction costs and duties between parties
10. Notices: How formal notices under the deed must be given
11. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement
12. Execution: Formal execution blocks meeting New Zealand deed requirements
1. GST Provisions: Required when the transaction is subject to GST, specifying zero-rating or GST treatment
2. Overseas Investment Provisions: Required when the Assignee is an overseas person under the Overseas Investment Act
3. Existing Encumbrances: Details of any mortgages, easements, or other encumbrances that will continue after transfer
4. Land Covenants: Required when there are specific covenants that run with the land
5. Resource Management Obligations: Required when there are specific resource consent conditions or obligations
6. Maori Land Provisions: Required when the land has special status under Te Ture Whenua Maori Act
7. Unit Title Provisions: Required for unit title properties, including body corporate obligations
1. Schedule 1 - Property Description: Detailed legal description of the land, including title references and survey plans
2. Schedule 2 - Existing Encumbrances: List and details of all registered encumbrances, easements, and covenants
3. Schedule 3 - Transfer Documents: List of all documents required to effect the transfer
4. Schedule 4 - Plans and Diagrams: Relevant plans, diagrams, or maps of the property
5. Appendix A - Title Search: Current record of title from Land Information New Zealand
6. Appendix B - Consent Documentation: Any required regulatory consents or approvals
Authors
Assignee
Assignment Date
Business Day
Completion
Completion Date
Consideration
Deed
Encumbrances
GST
GST Act
Improvements
Land
LINZ
Local Authority
Outgoings
Parties
Permitted Encumbrances
Property
Property Law Act
Purchase Price
Record of Title
Registration
Settlement
Settlement Date
Title
Transfer
Transfer Instrument
Warranties
Property Description
Consideration
Settlement
Title Warranties
Encumbrances
GST
Risk and Insurance
Default
Completion Obligations
Registration
Possession
Outgoings
Local Authority Rates
Land Tax
Improvements
Fixtures and Fittings
Existing Tenancies
Compliance
Resource Management
Overseas Investment
Further Assurance
Notices
Costs
Governing Law
Dispute Resolution
Entire Agreement
Severability
Assignment Rights
Force Majeure
Real Estate
Property Development
Agriculture
Commercial Property
Residential Property
Construction
Banking and Finance
Legal Services
Government and Public Sector
Infrastructure
Tourism and Hospitality
Retail
Industrial
Legal
Real Estate
Property Management
Compliance
Commercial
Finance
Operations
Development
Asset Management
Risk Management
Acquisitions
Investment
Property Lawyer
Real Estate Agent
Property Manager
Legal Counsel
Conveyancing Lawyer
Property Developer
Land Surveyor
Commercial Director
Compliance Officer
Property Investment Manager
Real Estate Portfolio Manager
Banking Manager
Title Officer
Settlement Officer
Development Manager
Asset Manager
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