Legal Articles

Electronic Conveyancing

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

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 »

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 »

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 »

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 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 »

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 »

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

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 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 intend… Read more »

Settlement Day

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 »

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

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 »

The consequences of not understanding the difference between joint tenancy and tenancy in common can be costly and unforeseen.  The manner in which you own property with others will determine whether the property is passed down to your beneficiaries under the terms of your Will or whether it becomes the property of the other owners… Read more »

Rules for Pools

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 »

Buying and Moving House Checklist

by | Conveyancing, Property & Leases

There are a lot of things to do when moving house.  Remembering to have the electricity connected is one of them!  The first night in an unfamiliar house without lights may be a memory you want to avoid! The following checklist should help avoid oversights and keep the stress to a minimum. Sale and Purchase… Read more »