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LS Law & Conveyancing

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24.01.2022 'What should I do if I want to build or repair my dividing fence?' Reach out to your neighbour informally and see whether they would be willing to agree on the type of fence or repairs required, the contractor that you will employ, the costs of the works. If you come to an agreement, you can go ahead with the fencing works.... However, if your neighbour does not agree to your proposal, then you cannot attend to any works until you have followed the process set out in the Fences Act. First, prepare and serve on your neighbour a ‘fencing notice’. You can hand the fencing notice to your neighbour personally or send it by post, preferably, registered post so that you have confirmation of the day your neighbour has received it. If your neighbour does not respond to your fencing notice within 30 days, then you can proceed with the works without their agreement and later you can recover their contribution by making a claim in the Magistrates’ Court. Remember, the fencing notice is required even if you are not seeking your neighbour’s financial contribution! Going to court may be expensive so before you commence a legal proceeding, you can negotiate with your neighbour a solution that avoids court. You can contact the Dispute Settlement Centre which offers free mediation services designed to help neighbours resolve their disputes. What condition is your fence in?

23.01.2022 If you own Old Law (General Law) land, you must bring the land under the Act or, in other words, convert it before you sell it, transfer it, subdivide it or deal with it in some other way. You will recognise Old Law land by series of old deeds called a chain of title. How much would this cost you? In my experience, legal fees would be somewhere between $700 - $2,000 depending on the work involved. In addition, you will need to pay some additional fees to the Title Office but they should not exceed $400. If the conversion is done by a professional, you should receive a new certificate of title within 1-2 weeks.

14.01.2022 Welcome to LS Law & Conveyancing! My name is Luiza Struska and I am a solicitor practising predominantly in the area of property law. I will provide you with info on different aspects of property law and conveyancing, recent developments and FAQ in these areas. ... Hope you enjoy it!

14.01.2022 'How much should my neighbour contribute to the dividing fence?' Generally, you and your neighbour will need to contribute to the fencing works in equal shares. This applies if the proposed fence is considered a ‘sufficient dividing fence’. And what a sufficient dividing fence is, will depend on the circumstances. ... If you want a fence that is of a higher standard or of a different type than a sufficient dividing fence, for example, a higher fence or one made of more expensive materials, then you will need to make up the difference in cost between a sufficient dividing fence and the higher standard. 'What if I need to clear the land in order to build the fence? Who pays for it?' Both you and your neighbour must equally contribute to the fencing works, and any other associated works to allow the fencing works to take place. These works may include clearing the land, removing the existing dividing fence and using temporary barriers. Do you know any good fencing contractor?

12.01.2022 Want to Subdivide your Land? 1. Talk to a town planner about any planning controls which might affect your land 2. Ask a surveyor to draw a plan of subdivision... 3. Obtain a planning permit to subdivide from your local council 4. Obtain consent of your bank (if you have a mortgage) 5. Lodge a plan of subdivision for registration (through your solicitor). Have questions? Fire away!

11.01.2022 'What is a fencing notice?' A fencing notice is a formal document that sets out your proposal for construction or repair of a dividing fence or other works that need to be done. The fencing notice will have details such as:... the boundary line on which the works should be carried out the type of works to be carried out the fencing contractor to be engaged to undertake the works an estimate of the cost and the expected contribution proportions. Have you ever received a fencing notice?

10.01.2022 'What should I do if my neighbour does not agree to the works proposed in the fencing notice?' If your neighbour does not agree to the works proposed in your fencing notice, you cannot proceed with the fencing works. You should try to negotiate an agreement or wait until the 30 days expires and then initiate an action in the Magistrates’ Court. ... A Magistrate will then determine whether works are needed and if so, what works exactly, what type of fence should be built, the time within which the works should be carried out and how much you and your neighbour should contribute.

10.01.2022 When you transfer a property from one name to another, you must pay stamp duty a tax assessed on the value of the transfer payable to the State Revenue Office. If you wish to transfer a property to your spouse/partner though, you may be exempt from payment of stamp duty if: 1) The property is transferred for no consideration (there is no money changing hands); and... 2) At least one party to the relationship lives in the property as their principal place of residence (PPR) for a continuous period of at least 12 months commencing within 12 months of the transfer.

08.01.2022 If you are a primary producer undertaking succession planning or business restructuring you should know that a transfer of your family farm will not attract transfer duty if: 1. The land transferred is used for primary production; 2. The transfer is to your relative:... Your or your partner’s child or remoter lineal descendant (grandchild, great-grandchild, or similar); Your or your partner’s parent or remoter lineal ancestor; Your or your partner’s brother or sister; Your partner or a partner of any person referred to above, Your or your partner’s niece or nephew; Your or your partner’s uncle or aunt. Have you ever worked on a farm?

07.01.2022 When you are asked to be a guarantor on someone’s loan, you should obtain independent legal advice. Read more here http://www.lslawconveyancing.com.au/asked-go-guarantor-som/

06.01.2022 I was delighted to be invited to and participate as VIP guest judges in PEXA’s innovation Hack Day on 6 October 2017. For the first time PEXA got its Members on the ground and we were one of very few given an invaluable opportunity to interact and collaborate with PEXA staff on the best outcomes possible for the entire e-Conveyancing community.