A two-lot strata scheme, common in duplexes and dual occupancies, is not exempt from NSW strata legislation just because there are only two owners. The owners corporation still exists and carries statutory duties for insurance, maintenance and annual reporting, though some requirements, such as collective building insurance or a capital works fund, can be exempted in specific circumstances, such as when the buildings are fully detached. Because decisions in a two-lot scheme generally need agreement between both owners rather than a majority vote, disagreements can deadlock and may need to go to mediation or NCAT, so documenting arrangements properly through by-laws matters more, not less, with only two owners.
A dual entitlement title can arise in NSW after a boundary adjustment, where each neighbour continues to separately own the part of land that was formerly their own lot, rather than owning the new lot jointly. Because both titles still show separate ownership, a simple Transfer isn't enough to fix it: a Deed of Partition is generally required to legally divide the interests before registration with NSW Land Registry Services. Owners should get legal advice early, as transfer duty and potential tax implications need to be assessed before documents are signed, not after settlement is arranged.
This blog explains what residential property owners need to know, from legal risks and extended settlements to tax implications, option agreements, and collective sales, before accepting any offer to sell to a developer.
If you're handling a deceased estate with real property in NSW, you can list the property for sale and even exchange contracts before probate, but formal property transfer needs to wait until probate is granted. The contract must stipulate settlement subject to probate.
Deciding to purchase a new property before selling your existing one can be tempting, especially if you've found your dream home and don’t want to miss out. However, if the funds from your current property’s sale are needed to finance the new purchase, this can come with considerable financial and legal risks.
When a family member or other loved one moves into aged care, there are several important considerations surrounding their home, including in relation to land tax. We outline some of the possible land tax implications you need to be aware of when a property owner transitions into aged care.
If the time has come for you to sell your property, there are a number of things to consider in order to help you prepare for the sale. We outline 6 primary considerations that you should carefully consider and plan ahead for to ensure the property transaction runs as smoothly as possible.
Whether you are a first home buyer or an investor, taking time to consider what entity to purchase a property under is an important consideration. Not only will the purchasing entity have an impact on ownership of the property, but it may also have financial and liability consequences that purchasers need to be aware of.
A deposit bond is an alternative to the traditional cash deposit paid when entering into a real estate contract. This article demystifies the concept, shedding light on what it entails and providing valuable insights for clients considering its use in real estate transactions.
Purchasing property off-the-plan in New South Wales can be an exciting venture. However, off-the-plan developments also contain potential pitfalls and risks that property purchasers need to be aware of.
In this article, we explore what land is owned by Crown Lands and applying for Domestic Waterfront Licences, as required by Crown Lands when owning waterfront property NSW.