Conveyancing Articles

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 »

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 »

We may still be disappointed when a due diligence exercise reveals what a mistake the purchase of a particular property or business would have been.  It can be difficult to overcome the excitement and anticipation of a new home, investment or business, even though your lawyer shows you that you may have just “dodged a… Read more »

We have significant experience in advising our clients on their rights and obligations under domestic and commercial building contracts, and residential “house and land” package deals. In South Australia a domestic building work contract can be cancelled if you take action to “cool-off” before the “prescribed time”.  This is not a step that should be… Read more »

The fact that a debtor who owes you money owns land is a good thing but beware of lodging a caveat when you’re not entitled to do so.   A simple debt does not constitute a ‘caveatable interest‘ in land. The main situation where a caveat is apt arises when there is a contract to… 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 »

Land Tax Anti Avoidance

by | Conveyancing, Property & Leases

Land tax is only payable in relation to investment or commercial properties and is calculated on a “sliding scale” on the basis of the total taxable site value of all land owned (by an owner or a group of owners) which exceeds the tax-free threshold ($353,000 in 2017/18 financial year).  As a result of the 2007… Read more »