Do I need an agent? We recommend most people instruct a real estate agent. It is possible to market your property yourself but most people benefit from the expertise of an agent. Real estate agents have expertise on assessing the value of your property, finding a purchaser and assisting you and the purchaser to reach […]
What is a Right of Way? A Right of Way is a right to use someone else’s land for the purpose of access. Can Rights of Way pass automatically with land? Usually, rights of way are created to burden one piece of land for the benefit of another piece of land. Where the owner of […]
Do you need to respond? It is undesirable in the long term to have unresolved boundary discrepancies. Unclear boundaries may cause difficulties or disputes with neighbours or difficulties and delay on sale of one of the properties. Strategic Options Strategic options include: Grounds Without Consent If you wish to have the title boundaries adjusted without […]
As they say, “Good fences make good neighbours”, so how do you organise fencing with your neighbour? Do I have to have a dividing fence? There is no requirement to have a fence, however where applicable you are responsible to contain your stock. What if my neighbour or I want a fence? Under the Boundary […]
Glossary Borrower/Mortgagor/Grantor of Charge The person who receives the money for the loan and who has to pay it back. Lender/Mortgagee/Security Holder/Grantee of security interest The person who provides the money initially for the loan and who needs to be repaid. Guarantor Someone, in addition to the Borrower, who promises the Lender that the Borrower […]
Should the buyer beware? Vendors in Tasmania should advise purchasers about title restrictions on use of the property. Otherwise, there is no compulsory system of comprehensive disclosure required of vendors on the sale of real estate as is the case in some other states. The purchaser is responsible to make their own enquiries. The Tasmanian […]
What controls the rights of couples? The Family Law Act 1975 (Cth) controls the property affairs of legally married couples and generally controls the property affairs of unmarried (“de facto”) couples. Are de facto relationships covered? A de facto relationship is a relationship where two people, who are not married or related by family, are […]
Lawsuits are sometimes necessary but take time, risk, money, lawyers, emotional highs, and sometimes-disappointing outcomes. Many factors need consideration when deciding whether to commence court proceedings or litigation, as it is often called. What are my choices? The basic dispute resolution choices are: Before adopting a wait and see approach, review if resolution will be […]
