Airspace Rights

Airspace Rights

It may initially seem that a crane using your airspace will have little impact on how you use and enjoy your land, however, there are a number of important issues that must be addressed if you are to have certainty and peace of mind over what could end up being a costly and ongoing interference if limits and requirements are not established.

Compulsory Acquisition

Compulsory Acquisition

Have you received notice that all or part of your land is required by an authority and they intend to compulsorily acquire it from you? 

If so, you should seek legal advice immediately so as to ensure that your position is protected and to ensure that you don't lose any rights that you may have (for example, some rights you may have are subject to strict time frames and may expire etc.). 

Benefits of a Retail Shop Lease for Tenants

Benefits of a Retail Shop Lease for Tenants

In Queensland, Retail Shop Leases are regulated by the Retail Shop Leases Act 1994 (the “Act”) and this legislation affords tenants a number of protections that cannot be contracted out of. This means that if there are any inconsistencies in the lease, the legislative provisions prevail. This article outlines just a few of these benefits. 

Easement Disputes

Easement Disputes

Disputes regarding easements can take various forms and involve many different questions of law and fact. Easement disputes of any form can have significant consequences for all parties involved and can have serious and irreversible effects on the ownership and value of the property involved.  

What is an Easement?

What is an Easement?

Easements come in all shapes and sizes, can be registered or unregistered and can be given by agreement or forced upon a land owner. It is no surprise therefore that easements can cause tensions between land owners.

To help you understand your rights and obligations we look at the threshold question of what is and is not an easement.

Why do you need a Will? - Your Questions Answered Series

Why do you need a Will? - Your Questions Answered Series

As part of our Your Questions Answered Series, we are answering some key questions most of our clients have about their will.

Critically, even a basic will saves much expense and family stress in the event of a sudden (or anticipated) death – and is of great assistance to your family in a time of devastating grief and sadness.

Your estate matters, plan ahead to protect your family’s interests!

Put and Call Options

Put and Call Options

Options are a commonly used vehicle for developers acquiring development sites. However, option agreements attract a variety of complex legal issues that should be addressed carefully in order to ensure that the option will operate as intended and not cause problematic flow on issues.

What are the disclosure obligations as a Seller of Residential Property in Queensland? - Your Questions Answered Series

What are the disclosure obligations as a Seller of Residential Property in Queensland? - Your Questions Answered Series

For our ‘Your Questions Answered Series’ we are discussing the disclosure obligations of Sellers of Residential Property in Queensland.

We break down what you need to know (as a Seller) before you sign a Contract of Sale for your property. Disclosure obligations are real and can have significant implications for Sellers when contracts have not been prepared with the appropriate forethought - a title search of your property is not enough and you are liable for misrepresentations made in the usual ‘standard contracts’.

Is it a Retail Shop Lease? - Your Questions Answered Series

Is it a Retail Shop Lease? - Your Questions Answered Series

In Queensland, a Retail Shop Lease affords tenants a number of legislative protections that a Commercial Lease does not. Let us help you discern whether your business requires a Retail Shop Lease.

Strict compliance required for Notice to Remedy Breach 

Strict compliance required for Notice to Remedy Breach 

It is strongly recommended that landlords seek legal advice and engage experienced property lawyers to issue effective notices to remedy breach – the potential consequences of the alternative are too serious.

Adjustments to Purchase Price and Form 1 & 24

Adjustments to Purchase Price and Form 1 & 24

The recent QLD Supreme Court decision of Sentinel Citilink Pty Ltd v PS Citilink Pty Ltd [2018] QSC 239 (the “Citilink Case”) raises some critical issues for property lawyers in completing Land Registry Form 1 & Form 24. 

When there are three or more owners of a property, how do you hold the property? - Your Questions Answered Series

When there are three or more owners of a property, how do you hold the property? - Your Questions Answered Series

For our ‘Your Questions Answered Series’ we are discussing the joint ownership of real property when there are three or more owners.

When purchasing a property with one of more other people, you are required to decide whether you will own the property as ‘joint tenants’ or ‘tenants in common’. Where there are three or more owners, it is also possible to have a combination of ‘joint tenants’ and ‘tenants in common’.

See our earlier article HERE for the difference between Joint Tenants and Tenants in Common.

What is the difference between Joint Tenants and Tenants in Common? - Your Questions Answered Series

What is the difference between Joint Tenants and Tenants in Common? - Your Questions Answered Series

For our ‘Your Questions Answered Series’ we are discussing the joint ownership of real property.

When purchasing a property with one of more other people, you are required to decide whether you will own the property as ‘joint tenants’ or ‘tenants in common’.

De-risking DocuSign - thoughts from our team (part 3)

De-risking DocuSign - thoughts from our team (part 3)

Some more of our DocuSign dangers are: 

1. Deeds can’t be signed through DocuSign for a number of reasons which to some extent differ State by State.

2. There are significant difficulties for a company executing documents through DocuSign.

3. It may be difficult to determine whether the parties to the agreement had the requisite intention to be bound. 

Avoiding unintended consequences in s38 PLA Applications

Avoiding unintended consequences in s38 PLA Applications

Orders sought when appointing statutory trustees to sell a disputed jointly-owned property must be carefully worded to avoid unintended consequences and costs.