Purchasing and dealing with real estate is often a stressful and nerve-racking experience, whether being involved as an individual or through business. It is imperative you have the right people backing you – giving you the right advice, peace of mind and attention to detail that is needed when dealing with possibly your most valuable asset. We assist clients ranging from large companies to first time home owners and investors, and deal with property law matters ranging from the straightforward to the very obscure and complex.
Areas of expertise
Our property lawyers have experience across a wide range of property transactions and property related issues. Some common (and not so common) property law areas we deal with are:
- Property and ownership disputes
- Drafting Contracts for Sale of Land
- Drafting and advising on cohabitation and co-ownership agreements
- Setting up Property Trusts
- Transfers of Property to and from Trusts
- Drafting Joint Venture Agreements for property development
- Advice on adverse possession
- Advice on land swap transactions
- Changes to Title
- Drafting Tenancy in Common Agreements / Co-ownership Agreements
- Drafting and giving advice on easements and other encumbrances
- Drafting and registering mortgages
- Drafting and registering memorandums of common provisions
- Preparing and registering caveats / withdrawals of caveats
- Advice on Transfer Duty (stamp duty) and Land Tax
- General conveyancing services, including via PEXA
Property law – how we can help
The term ‘property law’ can include so many types of matters. The advice and services that clients require is dependent on their specific circumstances and often requires drawing on other areas of law. Every client’s matter is unique, and their needs may change from time to time as their property changes over time too. Our property lawyers, who have great experience in many areas, are experts in identifying issues and making use of their knowledge to craft practical advice and solutions. Below are some examples of how our property lawyers can assist.
Estate Planning / Succession Planning
Transfers of property can go hand-in-hand with asset protection strategies. Our lawyers can give clients advice on duty implications of transfers and do all the work required to complete the effective transfer of wealth including real property and trust property. This may include setting up a trust or company (or both), making submissions to the Department of Finance regarding duty (especially in succession planning if an exemption applies) and effecting the transfer itself. A particularly common scenario is to vest property from a trust to a beneficiary, and this requires careful planning and professional advice to ensure it is effective.
Mortgages, Caveats and other encumbrances
We act for both mortgagors and mortgagees, giving advice regarding the terms of mortgages, drafting mortgages, enforcing mortgages, including sales by mortgagees. We are also well versed on the complicated law surrounding caveats and other encumbrances, such as rights of way and easements.
Co-Ownership Agreements and Family Loans
It is common for friends and family members to purchase property together (or to fund its purchase), but a familiar relationship does not negate the need to properly document an agreement. In fact, it makes it all the more relevant. We can assist in giving advice, drafting agreements and registering security for family arrangements. A good co-ownership agreement prevents disputes from arising later on, and allows an effective and smooth transfer or sale of the property when the time is right. Documenting loans, especially common are loans from parents to children to buy their first home, is vital to ensure the loan is protected in cases of divorce or relationship breakdown or bankruptcy and to prevent arguments about whether the loan was intended to be forgiven on death.
Book your free 15 min consultation
Discussing your situation over the phone is often the best way to start, and we’re pleased to offer all new and existing clients a free 15 minute phone consultation for every new matter. It’s a great opportunity to let us know more about the assistance you’re looking for, clarify your situation and walk you through how best we can help and what’s involved.