Conveyancing

What provisions found in the Australian Consumer Law, relate to misleading representations in the sale of land?

Section 30(1) of the ACL proscribes that a person in a trade or commerce in connexion with the sale or grant, or the possible sale or grant of an interest in land, or in connection with the promoti...

Can the Registrar register a dealing, even if there is a caveat?

Although, the Registrar cannot register dealings that affect the estate or interest of the caveator, there may be some exceptions where the Registrar is able to register a dealing, even if there is...

What laws protect land purchasers from false or misleading representations?

Under s 30(1) of the Australian Consumer Law, proscribes that any person in trade or commerce with a connexion with the sale or grant, or the possible sale or grant of an interest in land,...

What are the responsibilities and duties of strata title owners?

First, maintenance for the common property is the responsibility of the body corporate who must manage, control and care for the property that benefits all owners – not just a few.

O...

When does a neighbour's annoying behaviour turn into a legal issue?

Perhaps the most common type of nuisance that a person will experience is one that is seen to be as a ‘private nuisance’, which are usually disputes that involve two or more parties.

When can a landlord enter a rental property for inspection?

All jurisdictions in Australia grant landlords the right to enter a property to view its state of repair. However with that being said, the jurisdictions vary greatly in enforcing that right. For e...

How can a tort of trespass be committed against property?

The majority of people will be aware of what trespass constitutes, and you would be correct in your assumptions, because trespass is indeed the wrong...

What is a fixture and how is it determined?

At its most basic level, a fixture is something that is attached to the land in such a manner that it becomes part of the land. Therefore, when land is sold, the title to the land will also include...

How is title to property obtained?

The concept of title is usually affixed to property that is considered more valuable, such as a car or land. Similar to ownership, ‘title’ can also signify ‘possession’, and...

I wish to start a business from home and want to know what types of applications and approvals need to be obtained? And who do I seek an application from regarding a home based business?

Generally speaking, no council approvals are required if the activity falls within the criteria of a home based activity (for example, if the floor space of the activity does not exceed 30 square m...

What are the details that should be in a commercial lease?

Like all other property interests, commercial leases should contain the following details:

• the parties to the agreement
• the property to be leased
• the date of commencem...

How can environmental protection laws have an impact on my property?

Residential Land owners – You are resp...