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Conveyancing & Property Law

Ready to help in Conveyancing & Property Law.

Curwen Walker Lawyers Ballarat have been helping Ballarat's families and individuals achieve their property and business goals for over a century.

From straight forward conveyancing of a purchase or sale of a residential property to complex sub-division and business conveyancing. Our team's experience in Property Law and local knowledge means you will enjoy a stress free property transaction.

We're ready to assist with Property Law advice in the following Conveyencing areas:

Residential Conveyancing

A residential property is either a single family or multifamily structure that is used for living purposes. Residential Conveyancing is the most common process for most of our clients. This is where clients are either buying/selling property.

As a conveyancer we assist the client with the process from start to finish, this includes but isn’t limited to Providing pre-purchase advice, selling advice, assistance in getting finance approved/discharging mortgage, explaining process of pexa, duties online forms for stamp duty concession and either taking the proprietor off title or putting them on title.

Commercial, Industrial, and Agricultural Conveyancing

Agricultural Need to consider Capital Gains Tax consequences and stamp duty as these are the major ATO consequences that can affect clients buying or selling large farms.

Water entitlements, road license and agricultural licenses are something to consider when buying and selling farming land. These licenses may need to be transferred at settlement as well.

Industrial and commercial usually sheds, businesses, offices etc. clients need to considering planning and zoning to ensure that the commercial or industrials sites are permitted in the area. Checking with council if in breach of zones. Also need to consider GST issues if a business/if the property is leased. Terms of lease should be reviewed as it may conflict with intend use.

Retirement Villages Purchase and Sales

Usually have contracts that outline your rights and responsibilities before becoming a resident of the village. Differ from normal contract of sale. Updated frequently and are usually referred to as long-term leases.

Planning issues, and S173 Agreements

Planning issues usually would be something to bring to the attention of your builder as they can affect your build of your home.  Planning issues can be the following flood level, bushfire prone areas, contaminated land, heritage overlay. You may be required to have certain things located at your property due to planning issues. Eg high risk fire zone area = may be required to have a water tank located at the property

S173 agreements Is a binding agreement that is between the Owner of the Land, Council and/or Water Authorities. This places restrictions on how the land can be used. They set out conditions and restriction on the development of the land. Examples of s173 agreement may be vegetation of trees, drainage, septic tanks etc. s173 agreement are found on a lot of titles that have been recently subdivided. S173 agreements stay on the title from owner to owner, each owner must ensure they maintain the agreement.

Plans of Subdivision, Plans of Consolidation, and Owners Corporations

Plans of subdivisions, owners corporations and Plans of consolidation

All are part of the Subdivision Act

Plan of subdivision are when you have a block of land and wish to further divide the block into multiple blocks. Subdivision are usually completed by developers. However some clients have just one block and wish to subdivide the block into two this is called a Nico subdivision as it is simply changes the boundaries of the Property not the proprietorship.

Owners Corporation are usually at residential or commercial complexes that have multiple units that share a common property. Eg car park, driveways, stairs, lifts etc.

Plans of consolidation specialised applications that allow clients to legally combine two or more parcels of land into one title.

Conversion of General Law Land

General Law Land – is how conveyancing was done in the past, similar to today contracts would be exchanged etc however all documents were combined into what’s called deeds. At settlement you would receive all previous deeds as well as your one. This is referred to as a chain of titles. The chain of titles showed that all previous transfer of the land had been done correctly. However, on 31 December 1999 the register general books were closed and all transfer of general law land could no longer be registered this way.

Residential Leases

Real estate normally manage residential leases. This is where a home owner rents their investment property out to a tenant for an amount per week. Bond is payable by the tenant before entering into the property and is refunded at the end of the leases, as long as the tenant has not damaged the Property while living in it. (subject to general wear and tear) Usually through a real estate, however sometimes family members may rent property off other family members through private negotiations at a set amount per week.


Commercial Leases

An agreement between the owner and the tenant to lease a commercial property eg shed, warehouse, industrial site or office to the tenant for a specific business purpose. Terms can be negotiable and will vary from each person situation. Variable will include length of lease and rent payable.

Buying and Selling a Business

Would always suggest to speak with accountant in regards to buying and selling business as they will be able to provide financial and accurate advice. On conveyancing side of things, you would need to consider GST issues and leases if associated with sale or purchase of business.

Farm & Agriculture Business

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