Property Services

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.

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.

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.

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.

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.

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.

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.

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.