Conveyancing & Properties

We can assist with all your conveyancing and property needs in Queensland – whether you are a first-home buyer, selling your family home, developing your property, or leasing commercial space.

What is Conveyancing?

Conveyancing is the process of transferring the legal ownership of real estate from one party to another. Conveyancing accounts for a large proportion of Australian legal transactions with many people buying or selling a property at some stage of their lives. Conveyancing is typically seen as a “routine” transaction, however there can be major risks in any property conveyance, with strict time limits and significant financial consequences for any party that misses a deadline or does not carry out sufficient due diligence.

In some ways, the risks when selling property are fewer than when purchasing, however even a property sale can become a financial and legal quagmire if you do not understand your obligations and the processes involved when selling property.

You can reduce your risk when buying or selling property by retaining the services of a competent professional. We are experienced property and conveyancing lawyers and will guide you through the process to ensure that your transaction settles as smoothly as possible.

Buying with somebody else – joint tenants or tenants in common?

If you are buying property with somebody else, a key consideration will be how your interest in the property will be held. Generally, you can hold property as “joint tenants” or “tenants in common”.

Holding property as joint tenants means that the interests are held as a whole and cannot be separately apportioned – a joint tenant cannot sell a specific “share” to another party. When a joint tenant dies, their share in the property passes to the surviving owner or owners.

Holding property as joint tenants is common and often the “go-to” for spouses and domestic partners. However, it may not be the best option for your circumstances, and you should discuss this with your lawyer. Some couples, for instance, may wish for their share in a property to benefit their children when they die, rather than their partner, particularly if they have children from a previous relationship. In such cases holding property as tenants in common may be more suitable.

When holding property as tenants in common, each owner has a distinct share in the property. Shares can be held in different proportions, for example, three co-owners holding respective shares of 50 per cent, 25 per cent and 25 per cent, reflective of their upfront and ongoing contributions to the property. Each share can be bequeathed through a will to someone other than a co-owner and may also be mortgaged or sold (with or without the consent of the other owner/s), although these transactions can be complex.

Commercial and retail leasing

If you need to occupy premises to operate a business, you may need to enter into a commercial or retail lease. Commercial leasing arrangements involve a significant financial investment, so it is important to ensure that:

• the premises is suitable for your proposed business operations
• relevant approvals and licences are in place or can be obtained
• the commercial provisions (the term, rent and rent increases, renewal options, fit-out provisions, etc.) are suitable for your plans
• your legal rights are protected and there are provisions to address a range of contingencies or unforeseen events

Similarly, if you own commercial or retail premises, you will need a carefully prepared lease agreement to protect your investment. Premises classified as “retail” will be governed by the relevant retail leasing legislation in your jurisdiction and you will have specific disclosure obligations. We can help you prepare a compliant lease agreement and explain your obligations under the legislation.

A well-drafted commercial lease with clear terms puts the parties on the same page at the beginning of the relationship and helps avoid leasing disputes down the track. We can assist with drafting, reviewing, and negotiating the terms of a proposed lease agreement as well as lease renewals, transfers, assignments, and sub-letting.

Property development

Property development generally involves the improvement of land for profit, whether you are subdividing a single lot into two, or developing multiple lots in an estate. Property development is complex and requires compliance with multiple pieces of legislation and engagement with a number of different bodies. The approval process is governed by legislation, regulations, planning schemes and policies administered by local councils and other government departments.

Collaborating with an experienced property lawyer and other professionals when embarking on a property development is invaluable to check off due diligence matters, explain legal concepts, help mitigate risk, and create the best structures to help you achieve your objectives.

If you need assistance contact [email protected] or call 07 3800 5055.