Blog

What is a Deed of Novation? business business agreements contract law deed of novation property Jul 05, 2016

Consider this – you have entered into a contract to purchase a property, but for various reasons, the property no longer suits you.  But it will suit your parents perfectly.  So can you transfer the contract over to your parents, so that your parents are the purchasers?

Also consider this – your bu...

Read more ...
What is the problem with unapproved building works? property purchasing property unapproved works Jun 22, 2016

A few years ago, Shire Legal acted for a client purchasing a property at Kurnell.   There was nothing particularly unusual about the transaction – it was a standard family home being sold from one family to another.

However initial enquiries carried out by Shire Legal suggested that the recent reno...

Read more ...
Are you buying a property with friends or family members? What you need to know about co-ownership. co-ownership conveyancing property purchasing property May 23, 2016

Rising house prices across Sydney have made it difficult for people trying to enter the property market. In response to this we are seeing more and more people buying property with friends or family members rather than trying to go it alone.

This can be a great solution because sharing the costs of...

Read more ...
Appointing a compulsory strata manager property strata strata scheme strata schemes management act (nsw) Apr 25, 2016

Section 162 of the Strata Schemes Management Act 1996 (NSW) provides that a Fair Trading Strata Schemes Adjudicator can order for the compulsory appointment of a strata managing agent to exercise all of the functions of an owners corporation, or only specified functions, as well as the functions of ...

Read more ...
Love thy neighbour – especially if you’re renovating! Using easements to your advantage. easements neighbours property renovation Apr 20, 2016

There are a number of reasons why it’s a good thing to know your neighbours and be on good terms … but one situation that may not come immediately to mind is when you want to renovate or develop your property.  Having a good relationship with your neighbour can be the difference between a quick, has...

Read more ...
Developers pulling out of off-the-plan contracts conveyancing conveyancing act off-the-plan property purchasing property sunset clause Mar 10, 2016

As some people may be aware the government passed new legislation, the Conveyancing Amendment (Sunset Clauses) Act 2015 (NSW), at the end of last year with the sole purpose of amending the Conveyancing Act 1919 (NSW) to prevent a developer from unreasonably rescinding an off-the-plan contract for a ...

Read more ...
Swimming pool compliance - doesn't matter if your pool is big or small, you still need to comply property swimming pool compliance Jan 22, 2016

As most people know, if there is a swimming pool on your property, then you are required by section 7 of the Swimming Pools Act 1982 (NSW) to ensure that the swimming pool is, at all times, surrounded by a child resistant barrier which complies with the Building Code of Australia as prescribed by th...

Read more ...
What to do if your property is damaged between exchange and settlement? conveyancing conveyancing act property property damage purchasing property selling property Dec 09, 2015

With the wild weather in New South Wales of late, the question has come up – what happens if the property you are buying is damaged between exchanging contracts and settlement? What are your rights? Does the vendor have to fix the damage? Do you have to settle?

Part 4 Division 7 of the Conveyancing...

Read more ...
Do I need to disclose pre-existing termite damage to my home? property selling disclosure selling property Nov 23, 2015

Unfortunately it’s a fact of life that many houses in bushy areas, such as the Sutherland Shire, are subject to termite invasions. It is actually more common than not for homes in the Shire to already have pre-existing termite damage.

But what if the pre-existing damage is so substantial, that it t...

Read more ...
What can I do with my strata property? owners corporation property strata Oct 14, 2015

Unfortunately not all owners within a strata scheme are aware of their rights and obligations regarding strata ownership, which can lead to problems with other lot owners, the strata manager, and the owners corporation.

What does strata ownership involve?

Strata title refers to the type of ownersh...

Read more ...
Should I have a corporate trustee for a family trust? corporate trustee family trust property trusts Sep 01, 2015

More and more clients are coming to Shire Legal to set up a family trust, usually on the advice of their accountant or financial adviser.  But this begs the questions – what is a trust?  And why is it recommended that you set up a company to run the trust?

What is a trust?

A trust is a relationshi...

Read more ...
I am buying a unit. What does the term "strata" mean? owners corporation property strata strata scheme Aug 26, 2015

Strata title is a form of ownership used for multi-housing developments, such as:

  • units

  • townhouses

  • villas

  • detached dwellings within a defined area.

The strata plan divides the building(s) and the associated land into:

  • individual lots (owned by the various lot owners); a

    ...
Read more ...

This blog provides general information and should not be construed as legal advice. Laws may have changed since the publication of this content. We recommend consulting with a qualified legal professional to ensure compliance with current legislation and to address specific circumstances.