Property Law & Statewide Conveyancing
Property Law & Statewide Conveyancing
Property Law & Statewide Conveyancing
von Doussas & Statewide Conveyancing provide a range of property law and conveyancing (land broking) services throughout Adelaide, the Adelaide Hills, Strathalbyn and Murray Bridge
Welcome to home page of von Doussas Property Law page, in conjunction with our conveyancing arm, Statewide Conveyancing. We employ only properly qualified lawyers and expert conveyancers, including Gill Keane.
We provide a large number of property law related services, including -
- Conveyancing and land broking
- Contracts (drafting, challenging, varying, breaking, defending)
- Leasing
- Caveats (lodging, challenging, discharging, litigation)
- Mortgages (drafting, preparing, lodging, challenging, discharging)
- Rights of Way
- Litigation
Feel free to contact us by phone or on this form, with your enquiry, your feedback, or any information which you think might be of use to us in developing this page, and a property lawyer or a conveyancer as appropriate will get back to you.
We are assembling useful links for you (some of which appear to the right of page), and these will be updated regularly.
What to look for in a conveyancer
First, a truism: The purchase of a house involves a major commitment, and a major investment. It can be exciting and stressful at the same time. You will, on so many levels, have a relationship with your house. Get off to a good start.
Many people are likely to have an involvement with your purchase: you, your family and friends, the seller, the seller’s real estate agent, your mortgage broker and bank, and your conveyancer. Apart from all the behind the scenes work (checking the contract of sale, council searches, the certificate of title, liaising with your financier, liaising with the conveyancer for the other party, anticipating and dealing with problems), your conveyancer is the person who ultimately completes the transaction by handing over the money (your money) and collecting the title.
It is no simple matter to handle the conveyancing for the sale or purchase of a property and you should not even think about doing it yourself. It is a job for a professional. And that is the first thing to look for – a professional conveyancer, one who carries professional indemnity insurance, and who is regulated by a professional body.
Knowledge of the local area is generally a good thing. A local conveyancer builds up a body of knowledge about the practices of certain real estate agents and the contracts they use and knowledge about the local area problems that may arise.
A local conveyancer can also be easier to contact, and ease of contact is one of the most important things to look for in retaining a provisional adviser of any sort. Local also means that they have a reputation which rises or falls with the quality of their service. The longer the local conveyancer has been established, the more time there has been for his or her reputation to become established. You should choose a reputable conveyancer.
And you also need to be confident that if anything goes wrong, your conveyancer can either deal with it personally, or turn quickly to someone who can. And whilst there are very real benefits to retaining a conveyancer who practices with property lawyers, most professional conveyancers do maintain relationships with lawyers in order to get prompt advice when problems arise.
Last, a truism: The purchase of a $400,000 house involves a number of substantial expenses including Stamp Duty, $16,330 and Transfer Registration, $2,484. You don’t want to add any unnecessary expenses, and you should look for a range of quotes. As in life in general, you tend to get what you pay for, and you are paying for peace of mind and confidence that the job will be done well.
Caveats
Q & A
What is a caveat?
A caveat is, literally, a warning. A caveat, as it is used in real property law under the Torrens System (as in most Australian states) is a document which (subject to conditions) prevents the registration of any interest in land for so long as the caveat is in force (or in some circumstances, prevents the registration of any interest in any land which is inconsistent with the interest asserted in the caveat).
The exceptions:
A caveat will not prevent the registration of an instrument which, though unregistered, was lodged in the Lands Titles Office prior to caveat.
An instrument may be registered if it has no effect on the interest being caveated.
Transfer exercising a power of sale by a mortgagee pursuant to a registered mortgage may sometimes be registered despite a caveat.
Other caveats, worker’s liens, warrants of sale and some court orders can be registered despite a caveat.
Some statutory charges can be registered.
When does a caveat become effective?
Immediately upon its receipt by the Registrar-General.
How long is a caveat effective?
Until it is removed from the title, which is an indefinite period.
How is a caveat lodged?
The caveat must be in the correct form and must assert a caveatable interest. It is then taken to the Lands Titles Office where the Registrar-General examines it to determine whether, on its face, it complies with the formal requirements. If it does, a provisional entry in noted ARIES (a database), and the caveat is effective from then.
Does a purchaser under a contract for the sale of land have a caveatable interest?
In general, yes, and provided the contract is in writing and for valuable consideration.
Does a purchaser under a conditional contract have a caveatable interest?
Sometimes, and provided the contract is in writing and for valuable consideration.
Does the holder of an option to purchase have a caveatable interest?
Usually, and provided the contract is in writing and for valuable consideration.
Do shareholders in a company have a caveatable interest in land owned by that company?
No.