The Property Group has significant expertise in advising on the structure of developments where there are multiple uses, various stratum lots, shared facilities and easements, and contributions to expenses.
Residential developments advice
- acquisition of sites
- resale contracts
- preparing necessary by-laws
- easements
- management statements
- development contracts and similar documents.
Industrial and commercial developments advice
- acquisition of sites or existing buildings
- contamination and flood affectation (how these may detrimentally affect developments)
- re-sales
- commercial and retail leases
- sale of leased premises to investors
- agreements with adjoining owners with respect to development issues including easements, shared facilities, boundary adjustments and co-contribution to the cost of providing services.
Due diligence for property acquisition and finance
- assessment of risk, including likelihood and severity
- investigation of title including a review of any restrictions, easements, pre-emptive rights and any encroachments that may apply to the property
- the supply and standard of services to the land and a review of any relevant agreements
- access to the property or to other property, including review of licence arrangements
- planning, construction, environmental and heritage matters
- compliance with statutory duties
- review of tenancies, car parking and other occupancy agreements
- service contracts and management agreements
- disputes and litigation relating to the property
- strata title matters
- intellectual property, including access to architectural designs prepared for the development
- insurance
- depreciation, building allowance and GST review.
Easements and restrictive covenants
- creation, extinguishment and variation of easements or covenants
- drafting easements and covenants, especially through the subdivision process including drafting compulsorily acquired easements under section 88K
- easements for access, services and construction (eg swinging cranes and temporary scaffolding)
- compulsory acquisition of easements and the extinguishment of easements by court order
- litigation if required to secure a court order.