Property Law
RKL has extensive experience in assisting clients in all aspects of property law, including:
- Adverse possession claims
- Residential and retail tenancies
- Owner corporations
- Native title
- Property management and development
- Review, preparation and negotiation of commercial, retail and industrial leases including subleases and licences
- Retail and residential lease disputes
- Zoning, planning and environment advice
- Land and property valuations
- Removal of restrictive covenants and easements
- General law land conversions
For more information on how Rudstein Kron Lawyers can assist you with any of the above please contact us, request an appointment with one of our staff or give us a call on (03) 9519 9888 .
Local Councils and Tree Root Claims
- Details
- Published on Monday, 21 May 2012 08:00
- Written by Steven Soldatos
Historically, in the course of beautification projects around Melbourne, many local city councils planted trees on council property that were close to residential homes. In some circumstances, homeowners are beginning to experience negative consequences as a result.
Irrevocable promises: why not to make promises you cannot keep
- Details
- Published on Wednesday, 07 March 2012 22:36
- Written by Steven Soldatos
Duic v Duic [2012] NSWSC 76
A recent decision made by the Supreme Court of New South Wales confirms the rule that where a promise has been relied upon to one’s detriment it becomes irrevocable and the court of equity may step in to enforce the promise.
Cooling off rights for purchasers of real estate: independent legal advice exception removed
- Details
- Published on Wednesday, 29 February 2012 18:41
- Written by Kate Murphy
From 1 March 2012, purchasers who obtain legal advice prior to entering into a Contract of Sale will no longer lose their cooling off rights.
This small but important amendment to section 31 of the Sale of Land Act 1962 is one of many improvements to consumer rights contained in the Consumer Affairs Legislation Amendment (Reform) Act 2010.
Deceitful selling
- Details
- Published on Thursday, 12 January 2012 12:02
- Written by Steven Soldatos
You are selling your house, its inspection time and you are thinking ‘time to spruik up the house, seal the cracks, fill the holes and give it a coat of fresh paint’. Well, think again. A recent case in New South Wales (Wood v Balfour [2011] NSWCA 382) indicates that the courts might not always look at property cases along the lines of ‘buyer beware’ and any attempts made by a Vendor to conceal defects in a property at inspection time could give rise to claims of misrepresentation, misleading or deceptive conduct and deceit.
Recent changes to the taxation of trusts: trustees given the power to stream capital
- Details
- Published on Wednesday, 14 December 2011 22:13
- Written by Steven Soldatos
There have been recent changes to the taxation of trusts by the Tax Laws Amendment (2011 Measures No. 5) Act 2011 which enable the streaming of capital gains and franked distributions to beneficiaries of a trust for taxation purposes.
Landlords beware when varying retail leases
- Details
- Published on Wednesday, 14 December 2011 21:54
- Written by Simon Ezekiel
Tenants may request changes or “variations” to their existing Leases for various reasons. A common reason is to extend their tenancy by increasing the duration of the term or inserting additional options for further terms. If agreed to by a Landlord, the change is implemented by way of a document known as a “Deed of Variation of Lease”.
Property and GST – Applying GST correctly when dealing with property
- Details
- Published on Tuesday, 15 November 2011 10:48
- Written by Simon Ezekiel
When buying or selling a property, especially one of a commercial nature, it is important to consider any GST implications that may arise in addition to your other tax obligations. The potential to attract ten percent (10%) on the purchase price of a property deserves consideration.
The importance of loan documents
- Details
- Published on Tuesday, 04 October 2011 04:19
- Written by Simon Ezekiel
Vouzas & Anor v Sibonna Nominees Pty Ltd [2011] VSC 261
In Vouzas & Anor v Sibonna Nominees Pty Ltd [2011] VSC 261 (“Sibonna”), Sibonna lent money to a potential business partner, “Vouzas”. The debt was to be secured by a mortgage over Vouzas’ parents’ property in Albert Park, Melbourne and the terms of the loan was evidenced by emails and correspondence between Vouzas and the director of Sibonna. The mortgage was subsequently registered with the Land Titles Office and Sibonna believed that this together with the correspondence was sufficient to secure the debt.
Register your goods or you could lose them: Personal Property Security Registration System
- Details
- Published on Tuesday, 13 September 2011 04:46
- Written by Simon Ezekiel
The new Personal Property Security (PPS) registration system will now commence on 30 January 2012.
If you:
- sell goods on consignment
- sell goods with serial numbers, including motor vehicles
- supply goods using hire purchase agreements or lease arrangements
- supply goods under retention of title agreements
Then you need to register your interest on the PPS register or risk losing ownership of your property.