Property Law

Reverse Mortgages

A reverse mortgage is a loan for people over 60 years of age that allows them to access equity in their property in order to release cash to them. We see plenty of clients that have benefitted from these loans in allowing them to e.g. fund necessary improvements or maintenance to their property to enable …

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Buying property with family – fun or potential fiasco?

In the present economic climate, getting into (or climbing) the property ladder is tough. To get a deal across the line, purchasers are increasingly looking to alternative ownership options. One such option we commonly see is ‘co-ownership’ of property between family members. Taking matters a step further than the traditional parental guarantee of a child’s …

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Cancelling a lease for breach of covenant or condition – Notice requirements under the Property Law Act 2007

The Property Law Act 2007 (Act) provides a “code” governing the cancellation of a lease by the lessor (Landlord) for breach of covenant or condition by the lessee (Tenant). The “code” is contained in sections 244 to 264 of the Act (Cancellation Code). The codification of the lease cancellation provisions of the Act means that, …

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Building and weathertightness defects – information for Body Corporates and owners

The apartment building is suffering from building defects, what should be done? Defects (whether workmanship, or materials) commonly lead to weathertightness issues and further deterioration of the building and materials. Depending on when the building was constructed, or previous remedial work carried out, there may also be various warranty periods that are important. Where an …

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The Water Services Act – what you need to know

The Water Services Act 2021 (“the Act”) has become a key consideration for rural water supply arrangements. The Act is being implemented in a staged manner, and some additional requirements have just come into effect. While its main purpose is focussed on safe drinking water, it also sets out obligations with respect to wastewater and …

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Fencing – rights and obligations for neighbours

Neighbours are commonly grappling with issues about their fences: one neighbour may want to upgrade a boundary fence and the other refuses to pay their fair share, you may find out that your boundary fence is not on the true boundary of your property, or your neighbour may have built a fence which obstructs your …

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Amendments to the Unit Titles Act – what owners need to know

After much delay and consideration, amendment of the Unit Titles Act 2010 and associated regulations have been approved. The amendments modify the law in many significant ways. These amendments were designed to improve the transparency and accountability of bodies corporate in their day-to-day running, ensure that potential buyers of unit titles obtain appropriate information from …

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Amendments to the Unit Titles Act – what managers need to know

The amendments to the Unit Titles Act 2010 and Unit Titles Regulations 2011 bring about many significant changes for body corporate managers. These amendments were designed to improve the transparency and accountability of bodies corporate in their day-to-day running, ensure that potential buyers of unit titles obtain appropriate information from a vendor, establish professional standards …

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