There are a myriad of issues which might affect a property, including caveats, easements, boundary disputes, transfers between spouses, subdivisions, mortgages, or the loss of Certificates of Title.
Related party transfers
Related Party Transfers (RPT) are Transfers of Land where the present owner (Transferor) is related to the new owner (Transferee). The categories of relationship are very wide and include that of a parent and child, brother and sister and any other family relation, whether biological or by marriage.
For more information on related party transfers, including a breakdown of our legal fees:
Victorian law prevents a piece of land being sold unless that piece of land has its own Certificate of Title. In other words, you cannot sell part of the land that is part of a Certificate of Title until the land has been subdivided from that Certificate of Title and has a Title of its own.
For more information on subdivisions, including a breakdown of our legal fees:
Spouse Transfers require a Transfer of Land to be passed through the State Revenue Office (SRO) before being registered at the Land Titles Office (LTO). All Transfers of Land attract stamp duty, unless the Transfer of Land falls within an exemption.
For more information on spouse transfers, including exemptions and a breakdown of our legal fees:
Covenants are restrictions on the use of land which are recorded on the Title. Common examples are Single Dwelling Covenants, Quarrying Covenants and Materials Covenants. A person who wishes to develop land affected by a Covenant may apply to the Supreme Court for variation or removal of the Covenant.
Incorrect construction of dividing fences sometimes leads to a claim by one neighbour that they have acquired title to some of the land in their neighbour’s title. Such disputes are very complex and our firm would refer you to a suitably qualified expert should the need arise.
Severance of Joint Tenancy
Property can be owned in one of two ways: jointly or as tenants in common.
If property is owned jointly, the law of survivorship applies. Upon the death of one joint owner, the property as a whole will automatically pass to the survivor(s). Typically, couples will own property in this manner.
If property is owned as tenants in common, two or more people are entitled to occupy the whole of the property without exclusive possession. Upon the death of one of the owners, their share of the property will pass to their Estate. In some circumstances, such as divorce or separation, it may be necessary to sever a joint tenancy.