Category: Property Law
ABKJ’s experienced property lawyers have acted for property purchasers and vendors of a number of the major commercial properties on the Gold Coast and beyond. Whether you are after conveyancing, or advice on a development, sale, or lease, ABKJ Lawyers can help.
We have included below helpful articles discussing common issues in property law.
Elephants on the Ceiling?
Noise issues in high density living The issue of footsteps on the ceiling (and noise generally) in strata titled buildings is a vexing issue for many committees and owners. Given the increased propensity towards high density living in our cities, this is an issue that isn’t going away. Even the sturdiest and newest buildings will probably permit some sound transference between lots in certain circumstances; that is a feature of strata living that prospective residents ignore at their peril. However, the issue can generally be managed through the use of appropriate materials and construction techniques. Hard floors Hard floors are… Continue Reading
“Get Off My Water!”
With over 400 kilometres of constructed canal frontage on the Gold Coast and an ever increasing number of recreational water users, the potential exists for conflict between waterfront property owners and people using the adjacent waterways. Any waterfront property owners or regular water users reading this could probably relate a relevant story. The writer has personally observed an upset waterfront property owner throwing rocks at a kayak fisherman, fishing in the adjacent canal, encouraging him in an enthusiastic fashion to “get off his water”. So who owns the water? Like most things, this is a subjective question. However, the starting… Continue Reading
As the population and the needs of the general community change over time, governments require additional land for property development or the development of infrastructure. This may include construction or widening of roads, installation of sewerage and drainage works, and construction of rail projects amongst other needs. In many circumstances, governments will require a part (or the whole) of a property which is owned by private individuals/companies in order for the infrastructure to be developed for the community. Governments are entitled to acquire land owned by another pursuant to a process commonly known as a compulsory land acquisition. Compensation will… Continue Reading
Since pool safety standards were introduced in Queensland in 2009: owners of properties with newly constructed pools; owners of properties with shared pools; and owners seeking to sell or lease a property with a pool, were all required to hold a pool safety certificate confirming their pool complies with the new pool safety standards. An exemption did apply however, in that owners selling their properties could pass the burden of compliance onto the new owners, by issuing a Notice of No Pool Safety Certificate at the time of sale. As of 30 November 2015, application of the pool… Continue Reading
I’m leasing a new retail premises and the landlord has asked for a Legal Advice Report. Do I need to provide one? A Legal Advice Report is a certificate confirming that a tenant under a retail lease has received independent legal advice as to the content of the lease. It is mandated to be provided under the Retail Shop Leases Act 1994. In conjunction with a Financial Advice Report and a Lessee Disclosure Statement, it is a document that a tenant entering into a lease, or seeking an assignment of a lease as part of a business purchase is obliged… Continue Reading
9 Tips On Buying A Property
Purchasing a home or an investment property on the Gold Coast (or anywhere for that matter) can be both an exhilarating and stressful experience for the parties involved. Our Property Lawyers have put together this list of helpful tips to consider before you sign on the dotted line which will hopefully save you from the stresses involved with buying a property: Before you sign a contract, make sure the purchasing entity is correctly described. Talk to your banker or accountant before you sign a contract to make sure the purchasing entity is correctly described. In particular, if you’re obtaining finance,… Continue Reading
