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When buying or selling real estate, the Contract of Sale isn’t always unconditional. Many contracts include ‘subject to’ clauses which outline certain special conditions that must be satisfied before the contract becomes unconditional, or unable to be set aside. These clauses (also called special conditions) protect vendors...
Read moreTGB Senior Associate Adam Osborn and Associate Eric Metcalf answer a common legal question. What Does “Joint Tenants” and “Tenants in Common” Mean? The terms “joint tenants” and “tenants in common” are used to refer to two different types of joint ownership of property. Usually, these...
Read moreBuying or selling a property is often one of the biggest financial transactions a person will ever make – so it’s surprising how many people rush through the legal process, unaware of the risks that can arise from seemingly minor oversights. As a lawyer practising in property law, I’ve seen how easily things can go...
Read moreA bit of background… Over the past few years various state governments have finally changed laws to allow for electronic conveyancing, meaning transfers of ownership and other dealings with land such as mortgages and leases can be performed by electronic means and without paper documents. As part of this process paper certificates...
Read moreAn increasingly common way to get into the property market these days is buying a property with another person. Whilst there are a whole host of reasons as to why you might find yourself buying a property with another, the most common matchups are: • With a friend or sibling for investment purposes; and • A mum or dad co-owning...
Read moreIn part 2 of TGB’s blog series on 40 years of the Family Court in Australia, we write about the history and impact of the Act on property settlements. Property Settlements: Marriage In our first blog in this series we discussed divorce in Australia before and after the Family Law Act 1975 (‘the Act’) and the establishment...
Read moreOften business partners starting out in a new venture recognise the need for a Buy and Sell Agreement (sometimes known as a “business Will”) as part of their business plan, writes TGB’s Business & Commercial law team. However, once the business is established this step is often forgotten. The purpose of a Buy and...
Read moreTGB Lawyers’ Adelaide Conveyancing & Property Law team writes about the first stage of major changes to conveyancing practices in South Australia. For many years there has been pressure around Australia for a move to “electronic conveyancing”, ie. the facility to electronically lodge documents at land registries....
Read moreIt is a common misconception that any creditor can caveat a debtor’s property to secure the repayment of a debt, writes the TGB property law team.
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