Property Law
Residential Property
Clear advice. Smooth transactions. Protected interests.
Whether you’re buying your first home, selling a property, building, investing or refinancing, the right legal advice can help make the process smoother and protect your interests. Our experienced Property Law team can guide you through everything from property transactions and finance to contracts, subdivisions and ownership arrangements, with clear, practical advice at every step.
How we can help
Practical legal support for your property journey.
Every property transaction is different. Whether you're buying your first home, selling an existing property, building, refinancing, or developing land, we'll help you understand the legal process and protect your interests.
Our property law services include:
- Buying & Selling Property – practical conveyancing advice from reviewing the agreement through to settlement.
- First Home Buyers – guidance through your first property purchase, including KiwiSaver, finance, family contributions, and due diligence.
- Buying Off the Plans & New Builds – understand the additional risks and obligations involved in buying a property that hasn't yet been completed.
- Building Contracts – review and negotiate your building contract before you commit to a new build, renovation, or house and land package.
- Land & Subdivision – legal advice for purchasing, developing, and subdividing land.
- Property Ownership & Finance – support with mortgages, refinancing, family lending, ownership structures, and property sharing agreements.
Property Transactions
Buying or selling property involves much more than transferring ownership. We help you understand the agreement, investigate the property, meet important deadlines, and make sure the transaction is completed correctly.
Buying & Selling Property
Legal support from agreement to settlement
Whether you're buying a home, investment property, apartment, townhouse, or section, having a property lawyer involved early can help you identify potential issues before you become committed.
If you're selling, we'll help prepare or review the agreement, manage the legal requirements, and guide the transaction through to settlement.
Our property and conveyancing lawyers can assist with:
- Agreements for Sale and Purchase
- Auctions, tenders, private sales, and deadline sales
- Due diligence
- LIM and title reviews
- Finance conditions
- Negotiating conditions and issues
- Property ownership structures
- Title transfers
- Settlement
First Home Buyers
Make your first property purchase with confidence
Buying your first home is exciting, but there's a lot to understand before you sign an agreement or bid at an auction.
We help first home buyers understand the legal process, investigate the property, meet finance requirements, and make informed decisions before becoming committed.
We can assist with:
- Agreement reviews before you sign
- Auctions and tenders
- LIM and title reviews
- KiwiSaver first home withdrawals
- Finance and mortgage documents
- Gifts or loans from family
- Different property and title types
- Ownership structures
- Settlement
We'll explain everything in plain English and keep you informed throughout the process.
Buying Off the Plans & New Builds
Know what you're committing to before the property is built
Buying an apartment, townhouse, subdivision property, or turnkey home off the plans can be very different from buying an existing property.
The agreement may include long settlement periods, sunset clauses, development conditions, changes to plans or specifications, and other provisions that can affect what you ultimately receive.
We can review the agreement, explain the risks and obligations, and help you understand exactly what you're committing to before you sign.
Buying or selling commercial property?
Commercial property transactions come with different considerations from residential property. Whether you’re buying, selling, leasing, or investing, we can support you with practical advice – learn more about our
commercial property services.
Building, Land & Development
Building or developing property brings additional contracts, conditions, finance requirements, and regulatory considerations. Getting advice early can help you identify risks and put the right legal arrangements in place before work begins.
Land Purchase & Development
Understand the property before you invest
Purchasing bare land or property for development requires careful due diligence.
We help buyers and developers investigate the property, understand restrictions affecting the land, structure the purchase appropriately, and identify legal issues that may affect the proposed development.
Our advice can include:
- Bare land and section purchases
- Development property
- Due diligence
- Property ownership and investment structures
- Finance
- Easements and covenants
- Resource consent considerations
- Development agreements
Building Contracts & House and Land Packages
Protect your investment before you sign
Building contracts can contain significant obligations relating to costs, variations, delays, finance, defects, and what happens if something goes wrong.
Whether you're building from scratch, purchasing a house and land package, or undertaking a major renovation, we can review and negotiate your building contract before you commit.
We regularly advise on:
- New build contracts
- House and land packages
- Turnkey properties
- Renovation contracts
- Building finance and mortgages
- Contract variations
- Delays and completion provisions
- Defects and warranties
Our goal is to make sure you understand the contract and that your interests are appropriately protected before the project begins.
Subdivision & Land Development
Legal support through the subdivision process
Subdividing land involves coordination between lawyers, surveyors, councils, lenders, and other advisers.
We help property owners and developers navigate the legal aspects of subdivision and ensure the required property arrangements and documentation are put in place.
We can assist with:
- Subdivision structures
- Due diligence
- Development finance
- Resource consent documentation
- Survey plans
- Council and surveyor liaison
- Easements
- Land covenants
- New titles
Property Ownership & Finance
How a property is owned and financed can have long-term implications. We can help you structure ownership clearly, understand lending arrangements, and protect everyone's interests where more than one person contributes to a property.
Mortgages & Refinancing
Clear advice when your lending changes
Refinancing your mortgage can involve more than simply moving your loan to another bank.
We help homeowners and property investors understand new lending arrangements, complete the required legal documentation, and ensure the refinance is handled correctly.
We can assist with:
- Mortgage refinancing
- Bank lending
- Non-bank lending
- Loan documentation
- Property finance
- Family loans and gifts
- Guarantees
- Mortgage discharges and registrations
Property Ownership & Sharing Agreements
Protect everyone's interests from the beginning
Buying property with a partner, family member, friend, or other person can make home ownership more achievable, but it's important to be clear about everyone's contributions, responsibilities, and expectations.
A property sharing agreement can record how the property is owned, how costs are shared, and what happens if circumstances change.
We can advise on:
- Buying property with family or friends
- Property sharing agreements
- Unequal deposits or contributions
- Family loans and gifts
- Ownership shares
- Trust or company ownership
- What happens if someone wants to sell
- Changes in ownership
Putting clear arrangements in place at the beginning can help protect relationships as well as your investment.
Property Titles, Easements & Covenants
Understand the rights and restrictions affecting your property
The title to a property can contain rights, restrictions, and obligations that affect how you can use it.
Before buying or making changes to a property, it's important to understand the type of title and any easements, covenants, or other interests registered against it.
We can advise on:
- Fee simple titles
- Cross leases
- Unit titles
- Leasehold property
- Easements and rights of way
- Land covenants
- Caveats
- Title issues
We'll explain what the documents mean in practical terms and identify anything you should consider before proceeding.
When Property Issues Become Disputes
Support when ownership, boundaries, or access become an issue
Not every property matter is transactional.
Disagreements can arise over boundaries, easements, rights of way, access, co-ownership, covenants, or the ownership and use of land.
Where a property issue has developed into a dispute, our Property team can work alongside our Litigation & Dispute Resolution specialists to help you understand your rights and determine the best way forward.
Financing commercial property?
Commercial property finance has different requirements from residential lending. We can assist with lending arrangements, finance documentation, and the legal requirements involved – learn more about
commercial property finance.
Property Advice That Goes Beyond the Transaction
Practical support when property decisions overlap with other areas of law.
Property decisions don't always happen in isolation.
You may be purchasing with a partner, receiving financial help from family, buying through a trust, developing property as part of a business, or considering how a property decision affects your estate planning.
As a full-service law firm, Smith and Partners can bring together the right expertise across Property, Commercial, Family, Trusts & Estates, Elder Law, and Litigation to make sure the wider implications are considered.
Our focus is on giving you practical, coordinated advice rather than looking at one part of the transaction in isolation.
Meet our Property Law Team
Smith and Partners' Property Law team helps clients across Auckland and New Zealand buy, sell, build, finance, and develop property.
Our team handles everything from straightforward residential conveyancing to more complex ownership structures, subdivisions, building contracts, and property developments.
We prioritise clear communication and practical advice, so you understand what is happening, what we need from you, and what comes next.
Wade Hansen
Director
Kristal Rogers
Associate
Fiona Taylor
Senior Registered Legal Executive
Jennifer Edwards
Registered Legal Executive (NZILE Fellow)
Jonelle Lee
Registered Legal Executive
Kandice Reilly
Registered Legal Executive
Annette Lines
Legal Executive - Personal Assistant
Lisa Rogers
Personal Assistant
Victoria Zangel
Legal Executive - Personal Assistant
Whether you're buying your first home or managing a more complex property transaction, you'll have an experienced team behind you throughout the process..
What it’s like to work with us
Susan N.
Wonderful and prompt service. Very understanding and clear communication. Highly recommend.
Joshua Zane
Great bunch of people, fast and effective, highly recommend.
Frequently Asked Questions
When should I contact a property lawyer when buying a house?
Ideally, before you sign an Agreement for Sale and Purchase or make an unconditional offer.
Getting advice early allows your lawyer to review the agreement, title, and relevant conditions and identify potential issues before you're legally committed to the purchase.
What does a conveyancing lawyer do?
A conveyancing lawyer manages the legal process of transferring property from one owner to another.
This can include reviewing the sale and purchase agreement, checking the property title, managing conditions, arranging mortgage documentation, communicating with the other party's lawyer, transferring ownership, and completing settlement.
Should a lawyer review an Agreement for Sale and Purchase before I sign it?
Where possible, yes.
Once an agreement becomes unconditional, you are generally committed to completing the purchase or sale. Having the agreement reviewed before signing gives you an opportunity to understand the conditions and address potential concerns first.
Do I need a lawyer before bidding at a property auction?
Yes, it's sensible to obtain legal advice before auction day because auction purchases are generally unconditional.
Your lawyer can review the title, auction documents, and Agreement for Sale and Purchase beforehand so you understand what you're agreeing to if your bid is successful.
Can I use KiwiSaver to buy my first home?
You may be able to use eligible KiwiSaver funds towards your first home purchase.
Your property lawyer can help with the legal documentation required for the withdrawal and make sure the application and settlement timeframes work together.
What should I check before buying a property off the plans?
Off-the-plan agreements can include provisions dealing with completion dates, sunset clauses, changes to plans or specifications, title creation, and settlement.
Because you're agreeing to purchase something that may not yet exist, having the contract reviewed before signing is particularly important.
Should I get legal advice before signing a building contract?
Yes. Building contracts can involve significant financial commitments and detailed provisions covering variations, delays, payment schedules, completion, defects, and warranties.
Having the contract reviewed before signing can help you understand your obligations and identify terms that may need to be changed.
Do I need a property sharing agreement if I'm buying with family or friends?
It's strongly recommended.
A property sharing agreement can record each person's financial contribution, ownership share, responsibility for expenses, and what happens if someone wants to sell or circumstances change.
Can Smith and Partners help with a property dispute?
Yes. If your property issue involves a boundary, easement, access, ownership, covenant, or other land dispute, our Property team can work with our Litigation & Dispute Resolution specialists to advise you on your options.
Latest Property Law insights
Practical guidance to help you make informed decisions when buying, selling, building, financing, or owning property.
