Property Law & Conveyancing

Property law and conveyancing in Queensland are important areas of law that deal with the transfer and ownership of land and property. These areas of law are essential for individuals and businesses dealing with property in Queensland, as they provide a framework for the legal rights and obligations of the parties involved. We can assist whether you are buying, selling, leasing or developing property in Queensland.

Legislation

In Queensland, property law is governed by a combination of common law principles and various statutes, including the Property Law Act 1974 (Qld) and the Land Title Act 1994 (Qld). These laws regulate the ownership and transfer of property, including the creation and enforcement of property rights and interests such as mortgages, easements, and covenants.

Conveyancing

Conveyancing is the process of transferring the legal ownership of real estate from one party to another. The conveyancing process is typically facilitated by a lawyer who will guide the parties through the various stages of the transaction and ensure that all legal requirements are met.

Conveyancing in Queensland typically involves various stages. The first stage is the pre-contract stage, which involves the negotiation and preparation of the contract of sale. This includes identification of the property, the negotiation of the sale price, and the inclusion of any special conditions or terms that may be relevant to the transaction.

Buyers will need to know exactly what they are purchasing and carry out any diligence to ensure the property meets their expectations. This can involve obtaining pest and building reports and checking council records and planning details to ensure that dwellings are compliant, and the property may be used for its intended purpose. The implications of any easements or other restrictions on the property that will remain with the land once it is transferred should also be understood.

Once the contract of sale has been signed, the next stage is the pre-settlement stage. During this stage various searches and checks are carried out by your lawyer to ensure that the property is free from certain encumbrances, and that all necessary approvals have been obtained for the transfer of ownership.

The settlement stage is the final stage of the conveyancing process and involves the transfer of funds and legal ownership of the property. This stage typically involves the payment of the purchase price, the registration of the transfer of ownership with the relevant government agency, and the payment of any fees or charges associated with the transfer.

One of the key aspects of property law and conveyancing in Queensland is the system of land titles registration. This system provides for the registration of all land and property transactions with the Queensland government and ensures that a clear and accurate record of all property ownership and interests is maintained.

Commercial & Retail Leasing

If you need a shop, office, warehouse or factory to run your business, you may need to enter into a commercial or retail lease. Retail leases are for premises predominantly used for the sale of goods or services to the public, for example, shops, cafes, restaurants, and hairdressers. These arrangements are governed by specific legislation which provides additional protections for tenants of retail premises and specifies certain disclosure obligations required of landlords. Commercial leases are typically those used for premises for purposes other than retail, such as offices, warehouses, factories, and medical practices. Our lawyers can advise if your proposed leasing arrangements are affected by retail leasing legislation and ensure that the leasing arrangements and the agreement are compliant.

Whether you are a landlord of tenant, a commercial or retail lease involves a significant financial commitment. All negotiations should be contained in a binding agreement, and provisions included to deal with any unforeseen events such as damage to the premises, etc.

A well-drafted lease agreement puts the parties on the same page from the beginning of their leasing relationship and can help minimise the potential for disputes. 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.

In addition to conveyancing and leasing matters, property law in Queensland also deals with a range of other legal issues, such as property disputes and litigation and the regulation of property development and planning. If you need help in any of these areas, contact [email protected] or call 0403 017 636 for expert legal advice.