Legal Articles
Electronic Conveyancing in South Australia Mandatory
May 8th, 2020 by | Conveyancing
Making E-conveyancing (electronic conveyancing) mandatory in South Australia has been on the cards for some time. On 20th March 2020 as the COVID-19 pandemic escalated in Australia and around the world, Land Services SA announced the closure of their conveyancing Settlements Room as a precautionary measure. The Registrar General of the Land Titles Office has… Read more »
Electronic Conveyancing
November 22nd, 2016 by | Conveyancing
On Monday 4th July 2016 Electronic Conveyancing was introduced in South Australia. So what does that mean for property owners? Some of the substantive changes are set out below. Client Authorisations Parties no longer sign their own Lands Titles Office documents, but are instead signed by the legal practitioner or conveyancer on behalf of their… Read more »
Buying a Defence Housing Property in SA
May 25th, 2016 by | Conveyancing
I have recently had an influx of conveyancing on Defence Housing Australia (DHA) properties. These tend to vary from standard conveyances as a purchaser negotiates the property and terms directly with DHA. Then the Contract and Form 1 documentation is prepared by DHA’s Solicitors. This documentation is forwarded by DHA’s Solicitors to your conveyancer for… Read more »
Transfer of Deceased’s Interest in Land and Real Property
April 12th, 2015 by | Conveyancing, Deceased Estates & Inheritance Claims
When a property is held ‘jointly’ with a deceased, an Application to Register Death by Survivor document is required to transfer the property into the surviving tenant’s name. The Application and a copy of the Death Certificate are lodged with the Lands Titles Office with the basic registration fee. The Certificate of Title is no… Read more »
Property Transfers Between Spouses May Be Stamp Duty Exempt
April 12th, 2015 by | Conveyancing
Whether pursuant to Family Court Order or by mutual agreement, we can assist in the transfer of property between spouses. Firstly, if you have a mortgage over the property, you will need to ensure any mortgage is re-financed to the benefitting party as part of the transfer process. If the transfer is pursuant to a… Read more »
Verification of Identity Requirement of SA Land Titles Office
September 22nd, 2014 by | Conveyancing, Property & Leases
From 28 April 2014, the Registrar-General of the South Australian Lands Titles Office implemented the Verification of Identity Policy, introduced to minimise the risk of land title fraud and other improper land title dealings. This is also the first of many steps in the leadup to electronic conveyancing in South Australia. Verification of Identity in… Read more »
Purchasing a Company Title, Cross Lease or Moiety Title
March 19th, 2014 by | Conveyancing, Property & Leases
Purchasing a Company Title, Cross Lease or Moiety Title in South Australia is not as straight forward as buying a property that has its own title under the Torrens title system. It is not for everyone. The first hurdle to overcome is to make sure you have a clear understanding of what you are about… Read more »
Things to Consider After Signing a Contract to Purchase Property
July 9th, 2013 by | Conveyancing
Finding the right property at the right price can take a lot of time and effort. Before signing a contract many purchasers will want to have the building checked and have a lawyer or conveyancer look at the searches and contract. Assuming all is well the contract can be signed – but that is not… Read more »
Private Contract for Sale and Purchase of Residential Property With No Sales Agents
June 25th, 2013 by | Conveyancing, Property & Leases
The question I repeatedly hear is “Do I need to go to a Real Estate Agent to sell my property if I have a found a buyer privately?” The answer is “no”. All you need to properly document the sale is a Contract for the Sale and Purchase of Land and an up to… Read more »
Title Restrictions – Encumbrances on Property
April 18th, 2013 by | Conveyancing
When purchasing a property in a recently developed area, an encumbrance in favour of the developer often appears against the title of the property. Encumbrances on property can be quite different in their terms and restrictions. There is no such thing as a “standard encumbrance”. If there is an encumbrance on a property that you… Read more »
Settlement Day
February 7th, 2013 by | Conveyancing
What is so special about this day? Do I need to attend? What actually happens there? Settlement is the meeting of parties of a conveyancing transaction, where the Vendor’s conveyancer hands over the documents to enable the purchaser to become the owner of the property in exchange for the funds agreed to in the contract…. Read more »
What is the Difference between Strata and Community Titles in SA?
January 22nd, 2013 by | Conveyancing, Property & Leases
Since June 2009, Strata Title divisions can no longer occur in South Australia. Existing Strata Corporations are not affected by the change. The alternative is a Community Division. So what is the difference? A Strata Unit’s boundaries are defined by structural divisions of a building (i.e. midway between the top of the floor, the bottom… Read more »
Government Grants for Home Buyers
November 26th, 2012 by | Conveyancing
Purchasing a home, be it your first or subsequent, can be an expensive process. To assist with these costs, the government is currently offering the following grants: First Home Owners Grant The South Australian Government ceased the FHOG for established homes for contracts to purchase established homes entered into from 1st July 2014. However, a… Read more »
Joint Tenants vs Tenants-in-Common
November 1st, 2012 by | Conveyancing, Property & Leases, Wills & Estate Planning
The consequences of not understanding the difference between joint tenants vs tenants in common can be costly. For example, how you own a property will determine whether your share of the property is passed down to your beneficiaries under the terms of your Will, or whether it becomes the property of the other surviving owners… Read more »
Rules for Pools
October 18th, 2012 by | Conveyancing
Many pool owners are still not aware of their obligations when it comes to selling their home. If you are looking at selling or purchasing a house with a swimming pool or a spa pool you need to be aware of legislation governing swimming pool and spa barriers. No matter when the pool or spa… Read more »
