Conveyancing

Buying or selling a property before the construction works have been completed is known as an off-the-plan sale or purchase. There are several important factors to note when buying off-the-plan property, such as the completion date, the deposit to be paid, the period between a buyer signing the contract and owning the property, land transfer duty to be paid, including any exemptions or concessions as well as any variation clauses in relation to the land.

Please refer to our article relating to residential conveyancing, our experienced team is here to assist you with your queries.

Whether you are seeking consultation for a property transfer as part of a deceased estate, breakdown of relationship or is actively seeking a transfer of property in the event of a change in personal circumstances currently affecting your family.

Eve Legal is here to help you with:

• Transfer the property in accordance with any Binding Financial Agreements or Family Court Orders.
• Gifting property to your family member(s).
• Liaising with your accountant in relation to any capital gains tax or other taxation issues.
• Apply for any stamp duty concessions, grants or to otherwise determining the amount of stamp duty you will pay.
• Refinancing loan.
• Parents transferring ownership of their home to their children through a Granny Flat Agreement.

Our lawyers can assist you at every step of a property transfer, from conducting due diligence on the property to requesting for a copy of the property title to completing and submitting the relevant paperwork for the transfer.

Contact us to find out more or to arrange a free initial consultation with an experienced lawyer.

To safeguard a landowner's interests, caveats are utilised. A caveat serves as a "freeze" on the subject property, preventing anyone from recording a transaction with it that might conflict with the interest of the person who filed the caveat. Consequently, a caveat notifies others of a land interest.

A caveat can be a cost-effective and easily accessible way to protect a client's interest or stop the sale of or other dealing in real property, provided that the caveat was lodged with proper basis.

Should however, the caveator lacked the necessary justification or a caveatable interest in the real property, the caveator could be held accountable for any damages sustained by the legal owner if they experienced a monetary loss because of the caveat.

Contact us to find out whether you have a caveatable interest or to contest a caveat lodged on your property.

At Eve Legal, we are able to assist you with title rectifications issues such as :-

• Your name/your company’s name is incorrect on the Certificate of Title;
• Your previous representative or lender failed to register a title and it was never transferred previously;
• Paper-based property transfer failed to be registered with Land Victoria.

Our team will ensure that you understand the options available to you and the costs involved in resolving any title issues you or your business may encounter.

For joint tenants, the survivor principle applies, the surviving joint tenants remain the owner(s), and a deceased joint tenant ceases to be an owner upon their death.

Whereas, if the party’s own property as tenants in common, they can dispose the property as they wish by selling or disposing same under a will. The shares owned by each tenant in common can be unequal or equal, it can also be owned using a percentage share such as 1% and 99%.

Unlike joint tenants, there is no right of survivorship. If one of the tenants in common dies, the other tenants in common will still only have their shares as per the original agreement.

If you have queries regarding a joint tenancy or tenants in common arrangement, our experienced team can answer your questions.