Real-estate law queries answered

A property transaction involves legally binding contracts with significant financial consequences. A real-estate law specialist conducts thorough title searches, reviews zoning requirements, identifies potential encumbrances, and ensures the seller has the legal right to transfer the title. This prevents costly litigation and ownership disputes down the track.

Conveyancing is the administrative and legal process of transferring property ownership from one party to another. Real-estate law is a broader practice area that encompasses conveyancing but also includes complex matters such as zoning disputes, commercial leasing negotiations, property development structures, tax advisory, and representing clients in court when property disputes arise.

A standard residential property settlement usually takes between 30 to 90 days from the date the contract is signed. The exact duration depends on the terms agreed upon by the buyer and seller, as well as the processing times of the respective financial institutions involved in the mortgage arrangements.

Commercial leases are highly custom and rarely favor the tenant by default. Key elements to evaluate include the rent review mechanism (e.g., fixed percentage vs. CPI), options for lease renewal, maintenance and outgoings responsibilities, fit-out requirements, and make-good clauses which dictate the condition the property must be returned in upon lease expiry.

Boundary disputes are typically resolved by first commissioning an official land survey by a registered surveyor to compare physical boundaries against the registered title deeds. If discrepancies exist, we seek to negotiate an amicable settlement or easement agreement. If negotiations fail, the matter can be escalated to a tribunal or court for a legally binding determination.