Property Law

Severing the Co-Ownership of Property - Joint Tenants:

Severing the Co-Ownership of Property - Joint Tenants:

Co-ownership has many benefits, but also some pitfalls, in particular when it comes to the ending of a co-ownership arrangement. There are several ways in which co-ownership can cease, and it very much depends on the form in which the co-ownership takes.

Claiming Beneficial Ownership of a House:

Claiming Beneficial Ownership of a House:

As a parent you always want to assist your children wherever possible and in many cases this involves providing financial assistance to help them get into their first house. It may seem like a no-brainer and the right thing to do by lending money to a loved one, but unfortunately circumstances change and relationships deteriorate.

The Difference Between Joint Tenants and Tenants in Common:

The Difference Between Joint Tenants and Tenants in Common:

Many people don’t realise that when it comes to purchasing a property with another person you can do so in two distinct ways; as joint tenants or as tenants in common. This is a legal distinction that completely changes your rights in relation to the property depending on which method you choose. 

Why You Need a Lawyer for Your Conveyancing:

Why You Need a Lawyer for Your Conveyancing:

Whilst you can self-represent yourself and do your own conveyance, there are a lot of consequences to consider.  Not only that, Queensland conveyancing is legislated by 11 different pieces of legislation in Queensland.  Could you recognize if a contract is legally binding?  Could you determine if any alterations to the property are legal? Your lawyer will not only streamline the process for you, but will also make you aware of all your rights and obligations under the contract, and are there to protect your interests.

Conveyancing in Brisbane - Floodwise Property Report:

Conveyancing in Brisbane - Floodwise Property Report:

Brisbane’s lower lying suburbs, including the city centre itself. This obviously had serious and far reaching consequences for the city’s property market, with many buyers electing not to dip their toe (pardon the pun) into the market and choosing to avoid properties located anywhere near the Brisbane river.

Gold Coast Properties with Canal Access:

Gold Coast Properties with Canal Access:

If you’re buying or selling a property which is located on a canal in the Gold Coast City Council area then it is important to consider the impact of a recent decision by the Council that imposes a new legal obligation on property owners with a pontoon or jetty.

Purchasing Property Through A Self-Managed Superannuation Fund:

Purchasing Property Through A Self-Managed Superannuation Fund:

Since changes to superannuation legislation in 2007, which allowed for self-managed super funds (SMSFs) to borrow money for property assets, there has been a dramatic increase in the number of people setting up a SMSF in order to purchase an investment property.  Whilst there are many benefits to this, there are strict rules which must be followed.

Missing and Damaged Fixtures and Fittings:

Missing and Damaged Fixtures and Fittings:

The standard contract of sale includes terms that specify that a property must be delivered to the buyer on the day of settlement in the same condition it was in on the day the contract was signed (save for ordinary wear and tear).  As a buyer this means you should do your due diligence to ensure that this is the case for the property you purchase.