Property law covers far more than buying and selling. It decides who owns land and in what shares, how ownership passes within a family or on death, what rights others hold over your land, and how leases and subdivisions are documented. Asset Conveyancing handles this work in South Australia, Victoria, New South Wales, Queensland, Western Australia and Tasmania, with every matter managed by one qualified professional from start to finish.
What do property law services cover beyond buying and selling?
Property law services cover any change to who owns land, how it is owned, or what rights others hold over it. Beyond a sale, the common matters are:
- choosing or changing how co-owners hold title
- transferring property within a family, on separation, as a gift or after a death
- registering, varying or removing mortgages, easements, covenants and caveats
- preparing and reviewing commercial and retail leases
- the title work behind subdivision and development
- sorting out the property side when co-owners disagree
Should co-owners be joint tenants or tenants in common?
Joint tenants own the whole property together, and the survivor takes it automatically, whatever the will says. Tenants in common own defined shares, which can be unequal and pass under each owner’s will.
Couples often choose joint tenancy. Friends, siblings, investors and blended families usually need tenancy in common. Our co-ownership page covers the choice, unequal shares and co-ownership agreements.
How do you transfer property without selling it?
Property can change hands without a sale between family members, under family law orders or a binding financial agreement, as a gift, or on death. Each route can trigger transfer duty and capital gains tax unless an exemption applies.
Duty exemptions differ between states, and any mortgage needs the lender’s consent. See family property transfers for adding or removing a name, separation transfers and deceased estates.
What registered interests can affect a title?
Mortgages, easements, restrictive covenants and caveats are the interests most often recorded on a title. Each can affect value, finance and development potential.
An easement gives someone else a right over your land. A covenant restricts how land is used or built on. A caveat warns that someone claims an interest and blocks most dealings. Our page on easements, caveats and covenants explains how to read them, create them and remove them.
What should a commercial or retail lease cover?
A lease should set out the term, options to renew, rent reviews, outgoings, make good and assignment. Retail premises are also governed by state retail leasing legislation, which requires disclosure before signing and overrides some lease terms.
We act for landlords and tenants. See commercial and retail leasing for the key terms and state legislation.
What legal work is involved in subdivision and development?
Subdivision needs planning approval from the relevant authority, then a plan that is lodged and registered at the land titles office so new titles can issue. Alongside that, the parent title must be checked for easements and covenants that limit the project, new service and access easements created, and contracts prepared for lots sold before titles exist.
Licensed conveyancer Shauna Grivell has handled settlements on a major subdivision development in Melbourne for a developer client. Buyers of lots or apartments in a project should read our off the plan conveyancing page.
What happens when co-owners cannot agree?
Most co-owner disputes end with a buy-out or an agreed sale. If agreement is impossible, any co-owner can usually apply to a court or tribunal for an order that the property be sold or divided.
The forum and process depend on the state. Court proceedings need a solicitor; our role is the property side, including the transfer or sale, discharge of any mortgage and settlement. A written co-ownership agreement made at purchase is the simplest way to avoid the dispute.
Why title experience matters in property law
Property law matters succeed or fail at the land titles office, where incorrect documents are requisitioned or rejected. Principal Paul Sande is a former Senior Examiner at the Land Titles Office in South Australia, has been a licensed conveyancer since 1984 and is a Fellow of the Australian Institute of Conveyancers.
Common questions about property law services
Is property law the same as conveyancing?
No. Conveyancing is the transfer of property, usually on a sale. Property law is broader and includes how land is owned, transfers without a sale, registered interests such as easements and caveats, leasing and subdivision. The documentation and registration work overlaps, which is why conveyancers handle many property law matters that do not involve a court.
Do I pay stamp duty when transferring property to a family member?
Usually yes, unless an exemption or concession applies. Duty is generally assessed on market value, even where no money changes hands. Most states exempt certain transfers between separating spouses made under family law orders or binding financial agreements, and some offer relief for other family transfers. Check the current rules with your state revenue office before you commit.
Can I change from joint tenants to tenants in common?
Yes. Changing from joint tenancy to tenancy in common is called severance. In most states one joint tenant can sever without the other’s agreement, although the documents and notice rules differ. Severance ends survivorship, so review each owner’s will at the same time.
How do I find out what is registered on my title?
Order a title search from your state land titles office. It shows the registered owners, mortgages, easements, covenants, caveats and other notations. Some interests are shown only on the plan or in a separate registered instrument, so read the search together with those documents before relying on it.
Can you help with property law matters in other states?
Yes. We act in South Australia, Victoria, New South Wales, Queensland, Western Australia and Tasmania, and lodge electronically through PEXA where the transaction allows. We apply the transfer, duty and registration rules of the state where the land is located.