Or Nominee or Not

Purchasers often nominate a third party to perform the obligations under an agreement for sale and purchase.  They flag their intention to do so by using the words “and/or nominee” on the front of the agreement.    The standard form agreement makes it clear that even if the purchaser signs the agreement with provision for…

More about the Land Transfer Act changes – Land Covenants and Encumbrances

It is not uncommon to see encumbrances registered against titles.  They are a tool used when a land owner has an obligation to someone like an incorporated society or a neighbour.   An encumbrance might require that a land owner: join an association, maintain some native bush, or reinstate a fire wall.  Sometimes they even impose obligations that…

The Way We Were

Certificates of Title Remember when you bought a property and the lawyer gave you a handwritten title on paper that was thick and waxy and felt really important?  You could see the history of the land you were buying from the many entries on the title.  It was treasured and when it wasn’t kept at the…

Body Corporate Levies

Traditionally body corporate levies have been based on unit entitlements.  A unit entitlement is reflective of the value of one unit, compared to the value of others within the development.  Once set, they have always been extremely difficult to change and that inflexibility has caused unfairness in sharing costs amongst body corporate members.  The costs for a lift…

Commercial Property Management

Currently there is plenty of live debate about the role of the property manager in the commercial sector.  Lots of individuals have long term experiencing with managing commercial buildings, negotiating leases and working alongside real estate agents.  Despite protestations, it sounds like they are now caught by the Real Estate Agents Act.  And it sounds like for many of…