Conveyancing 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 the average yield for a 3 bed house in Adelaide is around 4.5%, is it really possible to buy an average 3 bedder that grosses 15% or higher? Yes it is! But of course, there’s a unique business model behind this strategy. One of my long term clients, Melinda Mayne, bought a very ordinary… 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 »

A right to “cool-off” is a contractual or statutory right which gives a party to an otherwise binding contract the right to change their mind during a certain period of time.  Provided that the cooling off notice is given strictly in accordance with the relevant procedure, the contract will come to an end.  Generally speaking,… Read more »

Like all legal fictions, the most common forms of land ownership seem deceptively simple but in fact they can be quite complicated. Anna Pantelios provides a useful outline of the differences between joint tenancy and tenants-in-common from a conveyancing perspective in her article “Joint Tenants or Tenants-in-Common?” but confusion continues.  The legal consequences of getting… 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 »

Only legal or equitable interests in land are caveatable.  A debt or other contractual obligation that does not involve land will not sustain a caveat.  Even where land is involved it can be difficult to work out what constitutes a Caveatable Interest. The starting point for defining a Caveatable Interest in South Australia is the beginning… Read more »

A buyer who fails to settle on the agreed date is, on the face of it, in breach of a land sale contract.  As vendor, you will need to consider whether you want to insist that the deal be completed (by sending a Notice to Complete or even seeking a Court order for Specific Performance… 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 »

A chattel is a piece of movable property such as a motor vehicle, furniture, jewellery etc.  A fixture is anything that was once merely a chattel but has been fixed to the land.  If a chattel is “affixed to the soil [it] becomes part of the soil” and therefore is the property of the landowner…. Read more »