Is a dishwasher a fixture or a chattel?

You have just secured your first or your next home and love your new kitchen (and even maybe the thought of not doing the dishes again). However, on your pre-settlement inspection you have discovered that the dishwasher has been removed! What are your rights to enforce that the dishwasher is included on settlement? Without the…

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What happens on settlement day?

‘Settlement Day’ is the finale of the conveyancing process – in short, it is the day that payment must be made to the Seller and where the Buyer takes legal ownership of the property. Essentially, we meet with the other side’s solicitor and financial representatives to organise the funds needed to complete the purchase or…

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Rights and interests reserved to the Crown

You may have noticed that on all title searches in Queensland under Easements, Encumbrances and Interests the following is noted – ‘Rights and interests reserved to the Crown by Deed of Grant No …’ – what does this mean? This notation is on every title search in Queensland and means that the Crown reserves the…

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Do you have an encroachment issue?

You may find yourself in a situation where you or your neighbour may have an encroachment – where a building or structure intrudes or overhangs on the neighbouring property. In most cases, these issues are resolved informally between the parties or the encroachment is removed. If however, the encroachment is permanent in nature, or the…

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Joint Tenants vs Tenants in Common

If you have more than two purchasers buying a property, you must decide whether you want to hold the property as ‘Joint Tenants’ or as ‘Tenants in Common’. There are benefits and/or consequences associated with each – below is a summary of the differences: Survivorship Joint Tenants – If you hold the property as Joint Tenants,…

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What is property co-ownership

Today’s ever-increasing house prices across Australia have left a generation of Australians feeling like owing their own home will only every be a pipe dream. As a result, the concept of property co-ownership is becoming more and more popular, particularly with generations X and Y. What is property co-ownership? Property co-ownership involves two or more…

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Contracts subject to building and pest inspections

If a Contract is subject to a building and pest inspection, a purchaser must take all reasonable steps to obtain at least one report and engage licenced inspectors. A purchaser cannot terminate a Contract under this clause if they have a friend or relative who is not a licenced inspector review the property. In the…

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