About Conveyancing & Property Law

Our property services include:

•  Conveyancing for residential, strata, vacant land, rural and commercial property
• Auction contracts and off-the-plan sales and purchases
• Subdivisions and property developments
• Titling advice including Torrens, old system, qualified, crown, strata, and community title
• Property ownership interests including joint tenancy and tenants in common
• Tax considerations including capital gains tax
• Sales and purchases by companies, self-managed superannuation funds, family and discretionary trusts and deceased estates
• Commercial and retail leasing
• Put and call options
• Building contracts, owner builder issues and the Building Act 1995
• Retirement village purchases, leases, and service contracts
• Advice and negotiation for neighbourhood disputes and dividing fence disputes.

Conveyancing

Conveyancing is the process of transferring the legal title of real estate from one party to another. A conveyancing transaction usually involves one of the biggest financial decisions an individual makes in life, so it is important to be guided by professionals.

What is involved in a conveyancing transaction?

A conveyancing transaction involves many steps to ensure that the legal title to the property is correctly transferred from the seller to the buyer on completion of the contract. There is a lot to do in a short timeframe.

From a buyer’s perspective, conveyancing involves recommending and conducting a series of searches and investigations to ensure the buyer understands exactly what they are purchasing. We will review and negotiate contract terms and flag any issues; assist with first homeowners’ grant applications or transfer duty concessions; prepare the legal documentation required to transfer title of the property; and prepare for and attend settlement online through PEXA.

From a seller’s perspective, we will advise on your obligations as a seller and assist with the vendor’s statement; prepare any special conditions; notify your lender regarding repayment of your loan and release of the mortgage on settlement; liaise with the agent and buyer’s lawyer; check settlement figures and prepare and attend settlement.

Retirement Residences

There are several ways for people to own or occupy premises in a retirement village. People often occupy retirement villages under long-term leases, license or through strata title ownership.

Under a long-term lease the occupier is entitled to live in the property for a period pursuant to the lease (commonly 99 years). The property developer maintains ownership of the property, but the lease can be transferred by the occupier. Long- term leases usually call for a trustee company to be appointed to take care of the financial aspects whilst a manager is appointed for day-to-day village management.

Under a license the property developer again maintains ownership of the property, but the occupier provides a long-term loan or donation in return for the right to occupy the property. This can be a more cost-effective approach as the cost of entry is substantially lower.

Strata title ownership is the most secure form of occupation with the added benefit of body corporate membership granting certain rights to contribute to the management of the retirement village. The advantage is accruing capital gains on the property as the market further matures.

Commercial and retail leasing

A commercial lease governs the relationship between a landlord and tenant regarding the tenant’s right to occupy premises owned by the landlord. Commercial leases are frequently the subject of legal disputes which often occur due to poorly drafted, ambiguous, or non-existent lease agreements, or the failure of the parties to properly understand their obligations under the terms of the lease.

A leasing arrangement is a valuable commodity for both the landlord (whose investment in the commercial premises must be adequately protected) and the tenant (who relies on reasonable terms and security of location to operate a business).

Landlords and tenants should obtain appropriate advice to ensure their negotiations are properly reflected in a lease agreement, and the provisions comply with any relevant legislation.

Our property team specialises in all kinds of property law providing clear advice and guidance with accuracy and precision. We deliver quality cost-effective conveyancing services by dedicated professionals who focus on your matter, keeping you informed and advised throughout the entire process.

If you need any assistance, contact one of our lawyers [email protected] or call 03 9598 8699 for a no-obligation discussion and for expert legal advice.