Property & Leases Articles

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 »

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 »

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 »

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 »

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 »

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 »

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 »

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 »

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 »