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 .
Update: decision in Duic v Duic overturned
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- Published on Thursday, 02 May 2013 12:12
- Written by Steven Soldatos
In Duic v Duic [2012] NSWSC 76 the Supreme Court held that a father’s promise that his property would belong to his son was an irrevocable promise. Our summary of the trial decision for the case can be read here.
Mortgage default solutions
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- Published on Thursday, 20 September 2012 03:09
- Written by Dominique Mavroyeni
In the current unstable economic climate, an increasing number of homeowners are struggling to meet their home loan repayments, with many finding themselves in mortgage default. If you are facing the threat of foreclosure and have been served with a notice to pay, seeing a lawyer might seem daunting, because of the fear of falling deeper into debt with legal fees. However, depending on your circumstances, and particularly if your financial hardship is temporary, seeking legal advice at the earliest possible time could help you realize a greater equity in your property and minimize your debt burden or even allow you to keep your home.
Sale of property for $1000 deemed unlawful by the Supreme Court of Victoria
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- Published on Saturday, 23 June 2012 02:22
- Written by Steven Soldatos
A purchaser of property thought it was his lucky day when a two-storey Braybrook home valued at $630,000 was knocked down to him at auction following a successful bid of $1,000.00 subject to a mortgage of $457,345.50.
However, the owner (“Zhou”) succeeded in having the sale set aside on the basis the purchase price was “illusory, unfair and unreasonable in that it bore no relation to the worth of the property”.
Local councils and tree root claims
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- Published on Monday, 21 May 2012 08:00
- Written by Steven Soldatos
In the course of beautification works around Melbourne, many local city Councils have planted and continue to plant trees on Council property. In some circumstances tree roots from these trees can cause significant damage to property. This is because Council tree roots can extract huge volumes of moisture from private soils under private property including under front fences, paving, footings, homes and structures generally. Large cracks can appear in homes as a result of instability to the foundations and footings and the cost of repairs can be significant.
Irrevocable promises: why not to make promises you cannot keep
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- 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
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- 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
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- 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
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- 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
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- 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
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- 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.