All things Property
The words “First Home Owners Grant” and “Stamp Duty Concession” are all the rage at the moment. Robertson Hyetts can represent your best interests when purchasing your first home, vacant block of land or investment property.
Robertson Hyetts prides itself on being a specialist in the Victorian Property & Development sector.
Whether it’s providing a complete legal service for conveyancing and residential property matters or working with developers on development projects. Town planning and environment matters, construction, leading and commercial acquisitions and sales – just to name a few.
We have an Accredited Specialist in Property Law with the Law Institute of Victoria so you’re in safe hands.
Conveyancing
What is conveyancing?
Conveyancing is the legal process of transferring ownership of a legal title of land (property) from one person or entity to another.
Buying a Property?
Whether you’re a first home owner, an investment property or a block of land, our highly experienced conveyancing team are here to guide you through the property transaction every step of the way!
Selling your Property?
Whether you’re selling your investment property or vacant lot of land, our highly experienced conveyancing team are here to guide you through the property transaction from for sale to sold.
Property & Development
Fancy name but what does it mean? Our expert team can advise you on commercial, industrial, residential property and land development matters including:
- Acquisitions
- Joint venture and/or development agreements
- Project finance
- Planning
- Subdivision
- Construction
- Intellectual property
- Marketing
- Property sales
- Adverse possession
- General law conversion
- Easements
- Section 173 agreements
Property Law FAQs
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Do I have to pay land tax?
In Victoria you pay land tax if the total taxable value of all the Victorian land you own, individually or jointly, as at 31 December, is equal to or exceeds $250,000 (or $25,000 for trusts). For each year you own land in Victoria with a total taxable value equal to or above the relevant threshold, you must pay land tax.
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When do I pay stamp duty?
When you buy or acquire a property, you will most likely have to pay land transfer duty (commonly called stamp duty). The amount of duty you pay depends on the value of your property and whether you are eligible for any exemptions or concessions or if you are a foreign purchaser.
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What is joint and several liability?
Joint and several liability is when two or more persons jointly promise to do the same thing and separately promise to do the same thing. If none do what has been promised then all of them or any one of them can be pursued to comply with the promise. In practice where the promise involves the payment of a debt the party with the most accessible assets will be pursued until payment has been made.
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What should I do if I want to build a dividing fence?
You should start by talking to your neighbour. You should seek agreement on the type of fence, its placement, the contractor who will install it and who will pay for what. If you can't agree with your neighbour you can’t build or begin repairs on an existing dividing fence until you issue a Notice to Fence which outlines your proposal and has one or more quotes attached. If you can't negotiate a resolution you may need to commence action in the Magistrates Court to have a magistrate decide for you.
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What is adverse possession?
Adverse possession (sometimes referred to as squatters rights) is a property law principle under which a person who does not have legal title to land can claim ownership of the land based on continuous possession or occupation instead of buying it from the legal owner.
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What is an easement?
Generally an easement is a right to use another person's land for a particular purpose. Examples of easements include:
· pathways and walkways
· for the supply of utilities like water, electricity, gas
· access roads
· the right to park a vehicle
· party walls.
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What is general law land?
In Victoria, general law land is land which has been transferred from the Crown (alienated) between 1837 and 2 October 1862 and has not been brought under the operation of the Transfer of Land Act. Title to general law land consists of a series of deeds or other documents which evidence dealings or transactions in land since the issue of a grant from the Crown.
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What is a retail lease disclosure statement?
The disclosure statement is a document that a landlord must provide to an incoming tenant of retail premises. It provides a summary of the major commercial terms of the lease. Tenant's should review the disclosure statement carefully before entering a lease.
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What is a make good clause in a lease?
The make good clause requires a tenant to hand back the leased premises to a landlord at the end of the lease in the same condition as it was in at the start of the lease term, subject to any fair wear and tear. This means that any damage to the premises will need to be repaired to a satisfactory condition and any of the tenant's installations, plant and equipment and rubbish removed.
