When many people hear the term ‘property’, they think real estate. Property law extends further than just the initial conveyance.
For most, property is a big ticket item, and is the largest investment they will ever make. So whether you are buying or selling property, it makes sense to ensure you receive proper advice before you sign.
One thing that is often overlooked by a prospective purchaser of a property is that they fail to measure the physical dimensions of the property and confirm that the boundaries accord with the description of the boundaries on title. As noted on our Adverse Possession & Boundary Disputes page, the physical boundaries of a property may not accord with the boundaries according to the property’s Certificate of Title. Once you have signed a Contract to purchase, it may be difficult to withdraw from that agreement, even if the property’s dimensions do not accord with the title boundary.
Another consideration is any encumbrances affecting the land, such as easements, reserves or covenants. These may be particularly important if you intend upon redeveloping the land. If an encumbrance concerns you, or is interfering with your development plans, there are various mechanisms available through which an encumbrance may be removed. Depending upon the type of encumbrance and the facts of the matter, removal of an encumbrance may involve making application to the local council, the Registrar of Titles, or both.
Your redevelopment plans may involve a subdivision or consolidation of land, in which case we would work closely with you and your surveyor to ensure the final result is what you envisaged.
Our Practice Areas