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Beware: Developers may be tempted to use sunset clauses to cancel NSW property contracts in a rising market

In real property terms, buying off the plan mean signing a contract to purchase a property, whether it is an apartment, townhouse or a house and land before it is built.  Buyers would pay a 10% deposit upfront and can be left waiting for years for the project to be completed and settled.  On top of that you would need to pay stamp duty…

Easements 101: What are Easements on the Title of Land and What Do they Mean?

In New South Wales the Conveyancing Act 1919 (“the Act”) is the legislation which expresses and regulates the essential law relating generally to land in NSW. Other legislation, such as The Real Property Act 1900 and the acts relating to Strata Titles and Crown Lands, cover specific kinds of title. This article will explain the provisions of the Conveyancing Act 1919 which apply when…

What Does a ‘Covenant’ on the Title of Land Mean?

Under The Torrens Title system of land registration, the Registered Proprietor of a parcel of land is the absolute owner of that land. His or her title is indefeasible, and is protected absolutely against claims or other interests which are not registered on the title to that land. The system developed as a means of overcoming the many faults associated with Old System Title,…

What Does ‘Reasonably Necessary’ Mean in the Context of Granting an Easement Under Section 88K of the Conveyancing Act?

We all, in a particular context, at times use words and phrases about which we are sure there is a clear and unambiguous meaning, and it can come as a surprise when another person provides a different meaning for those same words and phrases in the same context. The Courts are often asked to interpret documents, including legislation, and must rule on competing arguments…

How you can profit from being forced to grant an easement in NSW – Section 88K of the Conveyancing Act

If you’ve received a letter in the mail saying that someone wants to build a pipe through your land or needs an easement from you or they will take you to Court, you have every right to be baffled.  You’re probably thinking a lot of different things which we wouldn’t want to necessarily place here but the core question you’d be asking yourself is…

What to look out for in Queensland house property contracts

As a purchaser of residential property in Queensland it is important to be aware of your rights before signing a contract of sale.  An agent will often present the contract to you with urgent instructions to sign and return, however it is essential for the contract to be reviewed by a solicitor who can provide you with independent legal advice before you sign.  Be…

Purchasing a NSW Property? Seven Key Contract Terms to Consider

If you’re looking for a property in NSW, you’ve probably come across one or two property contracts. Have you noticed how thick they are? When you add a building and pest report (and the strata report if you’re buying an apartment), it’s enough to break your back! If you feel bogged down by all contract details, you can always seek the advice of a…