Property & Leases Articles
Building Dispute Developments in South Australia
January 21st, 2015 by | Court Disputes, Property & Leases
There have been several recent developments in building law relevant to anyone involved in a building dispute in South Australia. Security for payments In recent years, SA has adopted a security for payments system that fast tracks payments and limits disputes (in commercial building matters). This means that a builder in an appropriate case can… Read more »
Commercial Lease Advice Vital for Tenants
November 22nd, 2014 by | Business Sale & Purchase, Property & Leases
Unfortunately, in the rush to start a new business or enter a franchise, many clients seek advice after they have already signed an ‘Agreement to Lease’ or ‘Lease Proposal’. These documents are often binding and not capable of further negotiation! It is vital to receive independent legal advice before signing anything. The reasons documents are… 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 »
Cooling Off Period In South Australia
September 1st, 2014 by | Business Sale & Purchase, Commercial Transactions, Conveyancing, Property & Leases
A ‘cooling off period’ is a short period of time in which the purchaser can back out of a contract. Cooling off rights and periods can be found in a number of contracts – from the purchase of a house or car, to domestic building contracts. However, cooling off periods differ from state to state,… Read more »
Joint Tenancy and Tenants-in-Common Confusion
July 31st, 2014 by | Conveyancing, Property & Leases, Wills & Estate Planning
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
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 »
Concurrent Lease Used To Sell Right to Property Income
March 10th, 2014 by | Commercial Transactions, Property & Leases
There are a number of reasons why one may want to sell or transfer the right to receive rental income from a leased property. They include: (1) The desire to convert the future rental payments into an upfront capital amount by selling the right to receive rental income; (2) estate planning purposes and the desire… Read more »
Caveatable Interests in South Australia
September 10th, 2013 by | Conveyancing, Property & Leases
Only legal or equitable interests in land are caveatable. Other contractual obligations, such as debts do not sustain a caveat. Even where land is involved, it can be difficult to work out what constitutes a caveatable interest. To learn more about caveatable interests and where they apply, keep reading. And if you have any questions,… Read more »
What To Do When a Purchaser Doesn’t Settle a Land Sale Contract
August 29th, 2013 by | Conveyancing, Property & Leases
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 »
Land Tax not Payable by Tenant if Act Applies
June 26th, 2013 by | Commercial Transactions, Property & Leases
In South Australia, the Retail and Commercial Leases Act 1995 provides that a retail shop lease cannot require a tenant to pay land tax but a landlord’s liability for land tax can be taken into account in assessing the amount of rent. The Act does not always apply and in certain circumstances land tax can be… 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 »
When Does a Chattel Become a Fixture?
April 14th, 2013 by | Conveyancing, Property & Leases
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 »
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 »
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 »
Good Due Diligence Helps Avoid a Lemon
October 5th, 2012 by | Business Sale & Purchase, Commercial Transactions, Conveyancing, Franchises, Property & Leases
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 »
