Blog
New laws are expected to come into force on 1 December 2019 when the Conveyancing Legislation (Amendment) Act 2018 and Conveyancing (Sale of Land) Amendment Regulation 2019 commence.
These impose further disclosure requirements on vendors selling off the plan properties and...
Just because you’ve always done it doesn’t mean you’re actually allowed to.
When talking property, you would think that ownership and the right to access land would be clear cut, but quite often that’s not the case.
Who owns the laneway that cuts between your house and the...
A 2018 decision by the Supreme Court of New South Wales reinforces the fact that if there is an obvious encroachment on your property over a number of years, it cannot later be denied that an existing use exists.
The matter of Rawson v Studholme [2018] NSWSC 1764 dealt with a right of way that...
As lawyers and Justices of the Peace, we are often asked to witness signatures on important documents such as Statutory Declarations. As authorised witnesses, we must ensure that we comply with the witnessing requirements as set out in the Oaths Act for a number of reasons, otherwise we...
Proper procedure should be followed when changing by-laws within a strata scheme – this includes adding, modifying or repealing a by-law. But in some circumstances a resolution in relation to a by-law may still be effective even if the proper procedure was not followed.
The validity of a...
Picture this – you advertised your property for sale, endured countless open houses and inspections, and finally, someone offered you a price which you accepted, contracts exchanged, and now the packing begins before you move out on settlement.
You could be forgiven for thinking that there...
Commercial and retail leases typically contain a provision allowing the tenant to transfer (assign) the lease to another tenant. The need or desire to transfer the lease can arise in a number of different circumstances – most usually where the incoming tenant is purchasing from the outgoing...
If you have purchased a property with someone else, it is likely that you’ve at least had an initial chat about sharing the costs of owning the property – but have you discussed what happens if one of the co-owners wants to sell their interest in the property? Or worse still, if...
Property purchasers and especially real estate agents should take note of a Supreme Court decision handed down last week in relation to representations made regarding a property’s right of way (aka “easement for carriageway”), and whether the property owners had the...
What are outgoings?
Outgoings are expenses incurred by the landlord arising out of its ownership of the premises.
Typical outgoings include:
- Taxes fees and charges – e.g. Council rates, water rates, land tax
- Day to day costs – e.g. cleaning, garbage collection
- Maintenance and repair...
PEXA ("Property Exchange Australia") is the new electronic property settlement portal, making life easier for solicitors and conveyancers, but what are the benefits to you as a client?
To name just a few:
- Less room for error - There is less chance of issues arising at settlement causing...
The New South Wales Government introduced legislation last year bringing into effect surcharges on stamp duty and land tax, to be payable on residential property purchased or owned by anyone falling within the definition of a “foreign person”.
Who is a Foreign Person?
