Both the NSW Civil and Administrative Tribunal and the Land and Environment Court commonly hear matters regarding dividing fence disputes between neighbours. The applicable legislation which … [Read more...]
LEASING & CURRENT MARKET RENT
Does your retail or commercial lease provide for an increase with reference to a current market rent? We often have clients who approach us before they renew their lease, concerned about the increase … [Read more...]
DO I HAVE A RETAIL LEASE?
The key criteria to consider if you think you are entering into a Retail Lease Retail Leases are governed by the Retail Leases Act 1994 (NSW) (‘the Act’) and are subject to different laws and … [Read more...]
IS YOUR HEADS OF AGREEMENT CERTAIN ENOUGH TO BE ENFORCEABLE?
A Heads of Agreement (also known as a Memorandum of Understanding (MOU) or Letter of Intent (LOI)) is a document outlining the proposed agreement between the parties to it. There are a number of … [Read more...]
OFF THE PLAN CONTRACT REFORMS
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 … [Read more...]
JUST BECAUSE YOU DO, DOESN’T MEAN YOU CAN!
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 … [Read more...]
When the validity of a by-law is challenged
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 … [Read more...]
Your obligations regarding maintenance of the property you have just sold
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 … [Read more...]
When can (and can’t) a retail landlord withhold consent to a proposed lease assignment?
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 … [Read more...]
The importance of having a co-ownership agreement
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 … [Read more...]
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