Property

Land is the main focus of property law.

A landlord of a residential premises is permitted to sell their property even while it is currently being occupied by a tenant.

Leases give a Tenant a right to exclusive use of a property.

There have been some recent announcements with respect to the Stamp Duty system in NSW.

Have you got genuine concerns about residential building work that has been done at your property.

A recent matter in the District Court of NSW considered a claim of negligence brought against a Council.

Headshot of Sarah Rayner - Solicitor at Everingham Solomons TamworthOver the past few years, The NSW Property Law system has been progressively moving towards a system in which land dealings are being lodged electronically.

You’ve been saving hard and have the deposit to purchase your first home.

Most Australians will at some point in their lifetime sign a lease.

We are often asked whether a local council requires an easement for its water and sewer pipes to remain on a person’s private land and further whether council is entitled to enter upon the private land to carry out repairs and works on that infrastructure.

The answer is sometimes.

Buying or selling real estate is an exciting prospect.

There are various enquiries and inspections you should consider undertaking when purchasing a property.

What is a Certificate of Title or eCT.

With the increased use of online services across all areas of our lives, cybersecurity is extremely important.

From time to time the government seeks to stimulate the economy by offering grants and exemptions to entice us to dip our toes into the property market.

Under an Option Deed and a Lease Agreement, the most common payments are the option fee and the rent.

Part of the government’s response to the economic downturn caused by Covid-19 has been to encourage spending in certain sectors.

If you have bought or sold a property in the last few years, then you may have had a conversation with your Solicitor about postponed rates.

The State Revenue Legislation Further Amendment Act of 2020 has received Royal Assent.

Renewable energy is booming in Australia.

There have been amendments as to what water efficiency measures a landlord needs to undertake under Residential Tenancies Act 2010 and new Residential Tenancies Regulation 2019 which commenced on 23 March 2020.

There are new break fees payable by a tenant who wishes to break a fixed term lease under Residential Tenancies Act 2010 and new Residential Tenancies Regulation 2019 which commenced on 23 March 2020.

There have been amendments as to what constitutes damage and the rules regarding removing modifications under Residential Tenancies Act 2010 and new Residential Tenancies Regulation 2019 which commenced on 23 March 2020.

There have been amendments as to what constitutes alterations of a ‘minor nature’ under Residential Tenancies Act 2010 and new Residential Tenancies Regulation 2019 which commenced on 23 March 2020.

There are new smoke alarm obligations for landlords and tenants under Residential Tenancies Act 2010 and new Residential Tenancies Regulation 2019 which commenced on 23 March 2020.

There are new minimum standards to clarify “What premises are fit for habitation” under Residential Tenancies Act 2010 and new Residential Tenancies Regulation 2019 which commenced on 23 March 2020.

Recently, the Australian Prime Minister announced a limited time only grant to assist homeowners with building a new home or substantially renovating their existing home.

So, you are looking to find the perfect property.

So you have sold your house and moving to a new property, who do I need to notify.

If you own a Family Trust that owns residential land in NSW or intend to purchase residential land and/or premises using your Family Trust, please note that Revenue NSW considers a Family Trust to be automatically subject to the foreign person surcharge on stamp duty and Land Tax.

It is said, “The only constant in life is change”.

So, you have sold your property and have decided to purchase another.

There are strict rules that apply when a Landlord wants to bring a residential tenancy to an end.

You’ve been saving hard and have the deposit to purchase your first home.

Quite often, land developers place restrictive covenants on land.

To bring a tenancy to an end you must provide written notice to the landlord or managing agent, in a specific timeframe depending on your situation.

If you are renting out your property, your property is likely to need maintenance from time to time.

When selling your property, it is usual for a purchaser to pay 10% of the purchase price as a deposit for the property.

Changes to the law in NSW has implemented a no meter, no pump policy under the Water Reform Action Plan.

In every Contract there is a set time for Completion, or ‘Settlement’ as it is often called.

Despite the recent rainfall received in the area, there has not been any significant inflows into the state’s water storages.

Before you can advertise a residential property for sale you are required by law to have a copy of the Contract available for prospective Purchasers to inspect.

This is an often asked question.

A Contract for the sale and purchase of property includes conditions stating that the purchaser accepts the property in its current condition and state of repair subject to all defects both obvious and hidden.

Quite often I come across sellers, testators and mortgagors wherein their names are incomplete or otherwise different from their identification documents (ID) i.

As some of you may be aware, land transactions have been moving over to an electronic platform called PEXA.

There are many terms which might sound quite foreign when you sell or purchase real estate property.

This is a question commonly asked by both buyers and sellers.

In order for residential property in NSW to be advertised for sale, a Contract for the Sale of Land is required to be prepared.

A Building Information Certificate is issued by the Local Council for the whole or part of a building.

From 1 July 2018 the purchaser of ‘new residential premises’ will be required to withhold the GST amount from the purchase price on account of the GST liability of the vendor and pay that amount directly to the Australian Taxation Office (ATO) on or before settlement.

As of 13 March 2018 for the prevention of children falling from windows, strata schemes must have window safety devices installed on all applicable windows.

You’ve found a house you love, put in an offer and it’s been accepted.

Earlier this year, Consolidated Pastoral Company (CPC), Australia’s largest privately owned cattle enterprise, hit the market sparking the all-to-often heard debate of whether this Australian agricultural gem will be snapped up by a Foreign Investor.

Under the Local Government Act 1993 (NSW), an on-site sewage system requires an Approval to Operate from the Local Council in order to be operated lawfully.

Purchasing real estate – is a final inspection necessary.

What is settlement.

An easement is, put simply, the right of one landowner to use land belonging to another.

One area of recent reform to the Victorian Residential Tenancies Act is aimed at providing tenants with clear rights in relation to the keeping of pets.

When deciding to sell residential property, whether you list with a Real Estate Agent or you intend to sell privately, the law requires that you have a copy of the proposed Contract for the sale of the property available for inspection by a prospective purchaser.

If you wish to purchase land you are required under the Duties Act 1997 to complete a Purchaser/s Declaration.

In a recent Supreme Court of Queensland decision, the Court held that the real estate agent was liable for the representations it had made to a purchaser which were found to be false.

Two schemes currently exist for First Home Buyers.

Are you wanting to sell or buy land in NSW.

Buying a house is an exciting time however if you have not purchased a home before, or haven’t for a while, it is hard to know where to start, or how it all works.

PEXA is a platform for e-conveyancing and facilitates an electronic settlement of your sale or purchase of land in real-time.

Legislators are hoping that property buyers in New South Wales will face less frustration with the new agents underquoting laws which came into effect on the 1 January 2016.

On 1 January 2016 the current First Home Owners Grant (New Homes) Scheme (‘the grant’) of $15,000 will reduce to $10,000.

The requirement that before a property can be sold or leased, the owner or landlord must have an up-to-date swimming pool certificate of compliance, has been postponed until April 2016.

If you are a rural landholder within the Liverpool Plains Council area and do not currently have a dwelling constructed on your land but you are intending to construct a dwelling in the future, please be aware that existing holding provisions under the Local Environmental Plan expire on 9 December 2016.

Purchasing a property at auction can be an exciting and profitable experience, but, if attempted without adequate preparation, can also turn into a disaster.

New legislation that comes into force shortly will ensure that both landlords and vendors looking to sell properties with a swimming pool have undertaken all works necessary to make the pool compliant with safety regulations.

Effect of Willmott Growers Group v Willmott Forests.

It is a well-known principle in New South Wales conveyancing law that there is no binding agreement for the sale & purchase of real estate until formal written contracts are exchanged.

Buying off the plan involves an element of mystery and a high degree of uncertainty particularly for the unwary.

As we usher in the new year, those of us involved in property and conveyancing transactions are awaiting roll out of electronic conveyancing in 2014.

It is very common in society for two or more people to buy a property jointly.

Most media, focuses on the interests of the home owners being exploited by builders.

Land tax is imposed annually on the total land value of all taxable land owned in NSW.

A recent decision in the Land and Environment Court should be reviewed by landlords who rent their property for short-term stays to ensure the use of the property is not in breach of the Local Environmental Plan for the area.

Where a person leases a house on a farm, it can sometimes be unclear whether they are a residential tenant or an agricultural tenant.

History has shown that disputes often arise over fences that divide separately owned properties.

Land Tax is a tax levied by the NSW Government on owners of land.

The Home Building Act 1989 (‘the act’) is a set of laws designed specifically to help residential homeowners who have received sub-standard building work.

Generally speaking, a lien allows a person to retain possession of another person’s property until the costs or monies have been paid for it.

Last year the NSW New Home Grant Scheme was introduced to stimulate the construction of new homes in NSW and remains open today to non-first home buyers and investors alike.

When buying a rural property, it pays to do your homework.

Purchasing property can be both an exciting and daunting experience.

What can I do if I own a property with somebody else and I am the only one who wants to sell it.

It depends.

No, not the winner of the 1985 Melbourne Cup but invasions of a person’s interest in the beneficial use and enjoyment of his land.

With the summer months fast approaching, attention is once again turning to the use of backyard swimming pools.

When can somebody lodge a caveat over land.

The NSW Treasurer has announced changes to State taxes and grants which are being heralded as “the most generous scheme in Australia”.

Since 1 November 2011, a mortgagee (financial institution) has a higher duty to the mortgagor (property owner) when selling their property as a result of the property owner having defaulted on their loan repayments.

The strictness of the law relating to the sale of real estate in NSW can have devastating consequences for a successful purchaser at an auction.

All those involved in the design of structures such as architects, engineers and building designers are now required to practice “safe design” under the new work health and safety laws.

A recent case in the NSW Supreme Court provides a timely reminder of the potential problems that can be encountered if a Contract does not spell out all of the terms agreed upon by the parties.

There have been some concerns in recent years regarding the notion of “equitable” rights over property.