RSSCategory: Land Law

Jun

26

PAMD Form 27c

Posted by

Should this form be presented to the Buyer before or with the Contract? The provision of the PAMD Form 27C Disclosure to a prospective Buyer, and the presentation of Sales Contracts by a Seller or its Agent, are two completely separate obligations required by the Property Agents and Motor Dealer Act 2000 (PAMDA). We have identified that […]

Continue Reading

Jun

26

Property Ownership Structures

Posted by

Property can be owned in various structures.  The structure that you choose will depend on your circumstances and the different objectives that you would like to achieve in relation to the ownership of that property such as long term wealth creation; tax effectiveness; stamp duty; asset protection; income distribution, estate planning, etc. The highly skilled […]

Continue Reading

Jun

26

Land Tax

Posted by

WHAT IS LAND TAX? Land Tax is a tax levied each year calculated on the aggregate unimproved value of freehold land owned by a person within Queensland as at midnight on 30 June each year. Land Tax administration and collection is governed by the provisions of the Land Tax Act 1915. WHO IS REQUIRED TO PAY […]

Continue Reading

Jun

26

Home & First Home Stamp Duty Concessions

Posted by

Home Buyers and First Home Buyers are entitled to claim a concession for transfer duty for a dutiable transaction that is for the transfer, or agreement for the transfer of a home or first home, or land on which a first home is to be constructed. Eligibility Requirement  Requirements to live in the property –          […]

Continue Reading

Jun

26

First Home Owners Grant

Posted by

On 14 October 2008 the Australian Government announced a First Home Boost to supplement the Queensland Government funded First Home Owner Grant Scheme. The following will apply to first home buyer transactions, provided the eligibility requirements of the First Home Owners Grant are met: Details of Contract entered into Grant Contract to purchase an existing […]

Continue Reading

Jun

26

Divided Fences

Posted by

CONSTRUCTION OF  A FENCE This is one of the most common sources of neighbor disputes. The Dividing Fences Act 1953 provides the mechanism by which these types of disputes are resolved. The party wishing to construct a fence must serve on the owner of the adjoining land what is known as “Notice to Fence” pursuant […]

Continue Reading

Jun

26

Timing Requirements under the Retail Shop Leases Act 1994 QLD

Posted by

INTRODUCTION The Retail Shop Leases Act places strict time requirements on parties who are or have entered into a retail shop lease. BACKGROUND The Act applies to all retail shop leases of premises in Queensland.  The term “Retail Shop Lease” is defined as meaning a lease of a retail shop.  The term “Retail Shop” is […]

Continue Reading

Jun

26

Retail Shop Leasing

Posted by

REVIEW OF SOME SECTIONS OF THE RETAIL SHOP LEASES ACT WHICH APPLY TO SMALL TO MEDIUM BUSINESS   The purpose of the Retail Shop Leases Act (“the Act”) is to promote efficiency and equality in the conduct of certain retail businesses in Queensland. WHAT IS A RETAIL SHOP LEASE ACT   The Act applies to […]

Continue Reading

Jun

26

Registration of Leases in QLD

Posted by

Registration of commercial and retail leases in Queensland is not compulsory, however Ferguson Cannon Lawyers recommend that Lessee’s of such leases do have them registered with the Department of Natural Resources and Mines.   Registration of Leases   The Land Title Act 1994 (“the Act”) provides that; “an unregistered Lease of a lot or part of a lot […]

Continue Reading

Jun

26

Leasing Commercial and Retail Property

Posted by

LEASING COMMERCIAL AND RETAIL PROPERTY Most businesses operate from leased premises the leases generally classified as either commercial or retail. Unfortunately not all business owners enter into a lease with a full understanding of all the rights, and more importantly obligations, covered in their lease. If you are considering either leasing business premises or renewing […]

Continue Reading