Conveyancing & Property Law

Property Law is often thought of only in terms of the transfer of real estate. However, this area of law actually covers all the rights, powers, and duties of a person in relation to a thing. In addition to real estate conveyancing, we can assist you with any issues which relate to property ownership, from a simple residential lease to a complex bailment situation. We are experienced property lawyers and can provide a range of property law services.

What is Conveyancing?

Conveyancing is the process of transferring ownership of a legal title from one person (or legal entity, such as a company) to another. Many people in Australia will buy or sell real estate in their lifetime, which creates the impression that this is a low-risk process. On the contrary, there are major risks in any property conveyance.

Conveyancing time limits are strict and there can be significant financial consequences for any party that misses a deadline, even when it is an innocent mistake. In some ways, the risks when you sell are less than when you purchase, although even a property sale can also become a financial and legal quagmire if you do not take care.

To reduce your risk when buying property, there are two major ways that we can help: ensuring that you know what you are buying and ensuring that you get what you pay for.

Know What You Are Buying

Buying a property is usually a huge financial investment. It is also often an emotional journey, especially when the property is going to be your family home. However, finances and emotion can be a bad combination. When you fall in love with a house, it can be easy to ignore the suspiciously damp brickwork or wobbly roof line.

Still, most people are aware of the importance of due diligence (such as ordering a building and pest inspection). You may not be as familiar with the dozens of other searches and checks that we can conduct for you prior to settlement. Depending on the property, any one of these precautionary checks could mean the difference between a lifetime of happiness and a great deal of expensive regret. We will recommend the most important searches for the proposed purchase and explain the significance of the results.

Get What You Pay For

While the first step is designed to help you to know more about the property before you buy, the next step is to obtain all of the property rights that you expect. For instance, we will confirm that the correct property is being transferred, that there is no unexpected lien on the title, or undeclared tenancy in place.

Ensuring that you get what you pay for culminates at settlement. Most settlements in Victoria are conducted electronically through a system called PEXA. This allows a secure and timely transfer of ownership without the risk of a paper title, which can be lost or destroyed. But an electronic settlement is a complex process which requires a thorough understanding of property law to ensure that nothing goes wrong. Our job is to ensure that nothing does.

Our comprehensive conveyancing service includes:

Selling

• Preparation of a section 32 (vendor’s statement)
• Contract of sale
• Sale conveyance

Purchasing

• Pre-purchase report
• Contract variations
• Purchase conveyance

Transfers of property, such as

• Joint tenants to tenants in common
• Transfers resulting from divorce and family law orders
• Transfers between family members

Clarification of issues, such as

• Adverse possession claims and easements
• Fencing issues
• Strata title issues with common land – licenced or leased

If you need assistance, contact one of our lawyers at [email protected] or call 03 9531 8628 for expert legal advice.