1 / 12

PROPERTY LAW SERIES - 2012 THE CONVEYANCING MASTERCLASS A presentation for the Law Institute of Victoria on 15 March 20

PROPERTY LAW SERIES - 2012 THE CONVEYANCING MASTERCLASS A presentation for the Law Institute of Victoria on 15 March 2012 BY SIMON LIBBIS SUBDIVISION LAWYERS slibbis@gmail.com 0488 LIBBIS www.subdivisionlawyers.com. Program for Today Special Conditions Needed? Drafting Common ones

wilton
Download Presentation

PROPERTY LAW SERIES - 2012 THE CONVEYANCING MASTERCLASS A presentation for the Law Institute of Victoria on 15 March 20

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. PROPERTY LAW SERIES - 2012 THE CONVEYANCING MASTERCLASS A presentation for the Law Institute of Victoria on 15 March 2012 BY SIMON LIBBIS SUBDIVISION LAWYERS slibbis@gmail.com 0488 LIBBIS www.subdivisionlawyers.com

  2. Program for Today • Special Conditions • Needed? • Drafting • Common ones • Rescinding Contracts - statutory rights and default • Boundary problems and solutions • Terms contracts – obligations and compliance • Covenants – creating, removing and modifying • Mortgagee sales – selling, buying and foreclosing • Adverse Possession – when and how CONVEYANCING MASTERCLASS Simon Libbis

  3. Special Conditions • Needed? • Drafting • What • Who • When • Consequences CONVEYANCING MASTERCLASS Simon Libbis

  4. Common Special Conditions Registration of plan of subdivision Building works to be done Works affecting surface level Conditions precedent – sale, approvals, etc FIRB Deposit – investment, bonds and guarantees Environmental – contamination, asbestos, etc Mortgagee/executor sale Purchaser access Guarantee Land and building packages CONVEYANCING MASTERCLASS Simon Libbis

  5. Rescinding the Contract • Breach of statutory obligation • Default by • vendor • purchaser • both • Remedies • Notices • Practicalities CONVEYANCING MASTERCLASS Simon Libbis

  6. Boundaries • Contractual issues • Pre-contract • GC 3 • Assignment of possessory rights • Buildings and airspace • Solutions • NICO • Section 99 TLA • Adverse possession CONVEYANCING MASTERCLASS Simon Libbis

  7. Terms Contracts • Definition • Ottedin Investments Pty Ltd v. Portbury Developments Co Pty Ltd [2011] VSC 222 • Sale of Land Act requirements • Part II Division 4 • GC 23 • Section 32(2)(f) • Consumer Credit Code • GST • Acting for the parties CONVEYANCING MASTERCLASS Simon Libbis

  8. Creating a Covenant • Legal Requirements • Touch and concern • Run with land • Negative obligation • Record on title – • Application • Transfer of Land • Plan CONVEYANCING MASTERCLASS Simon Libbis

  9. Removal/Modification of Covenant • By agreement – section 88 TLA • Planning Permit • Amendment to planning scheme • Court order – section 84 PLA CONVEYANCING MASTERCLASS Simon Libbis

  10. Mortgagee Sales • Exercising the power of sale • Disclosure and contractual requirements • Other mortgages and caveats • Transfer documentation • Disbursing the proceeds of sale • Foreclosure CONVEYANCING MASTERCLASS Simon Libbis

  11. Adverse Possession • Exception to indefeasibility - section 42(2)TLA • Evidence required • Removing encumbrances • The process • Competing road closures by councils CONVEYANCING MASTERCLASS Simon Libbis

  12. PROPERTY LAW SERIES - 2012 THE CONVEYANCING MASTERCLASS A presentation for the Law Institute of Victoria on 15 March 2012 BY SIMON LIBBIS SUBDIVISION LAWYERS slibbis@gmail.com 0488 LIBBIS www.subdivisionlawyers.com

More Related