Property & Development Lawyers Geelong & Melbourne
Our Property & Development team provide specialist legal advice to a broad range of public and private clients. We regularly assist and advise property developers, purchasers, vendors, owners corporations, land owners, tenants, farmers, trustees and lenders, across residential, industrial, commercial, retail and farming contexts.
We have experience in advising clients in a broad range of complex transactions across Victoria, from adverse possession claims through to acquisition of real property by self-managed superannuation funds.
We invest time into our client’s matters, to better understand their circumstances and what they are trying to achieve. This enables us to pre-empt challenges which may arise from the outset, provide timely and relevant advice, and work with each of our clients to deliver accurate and suitable solutions which meet your commercial objectives. We also work with accountants and financial planners to ensure that the outcomes meets the client’s broader commercial and business objectives.
Key matters we can advise you on
Adverse possession claims
An adverse possession claim can arise where the title boundaries of a property are different to the physical boundaries of the property. This can often arise, for example, where a fence or another structure has not been erected within title boundaries and is often only discovered when a property is put up for sale. Find out more.
General law conversion
A General Law title came about from land sold by the Crown (State of Victoria) prior to the introduction of the Torrens system in 1862. General Law titles are based on a common law system, which originated in England. The General Law title system relies on a ‘chain of deeds’ to prove ownership. This ‘chain’ is made up of all documents since the land was sold by the Crown, and is still valid proof of ownership. Find out more.
Whether you are a landlord or a tenant, our team has extensive experience in assisting clients through the negotiation, preparation, operation and resolution of all leasing matters. We have experience in preparing and reviewing all forms of leases and licences. Find out more.
Lost title applications
A misplaced or lost certificate of title will need to be replaced before any transactions can proceed. Our lawyers have considerable experience from the simplest of applications to complex applications involving estates and vesting orders. Find out more.
The number of subdivision developments continues to grow and consequently the number of lots per development continue to increase.
We act for complex buildings such as Owners Corporations, gated communities, retirement villages, golf courses in relation to a range of strata law matters. Find out more.
Restrictions affecting title
A restriction on the use of land may be created between parties (including Municipal Authorities) by means of restrictive covenants, s 173 Agreements, boundary and title advice and consolidation of title strata plans.
Encumbrances on title must identify the land affected by the restriction, specify the terms of the restriction, and specify the prescribed authority imposing the restriction. Find out more.
Selecting your retirement village for yourself or someone you care about can be one of the most significant choices you make.
When entering into a an agreement, you are essentially providing a ‘loan’ of your money in exchange for the right to live and use the services offered by the village.
Before entering into a binding agreement with a retirement village, it is important to understand exactly what you are agreeing to. Find out more.
Rural and farming
As a team with extensive experience representing businesses and multi-generational families engaged in Agribusiness, Coulter Roache understand the unique challenges and regulatory requirements of farmers. Find out more.
Superannuation and Trusts
Superannuation and Trusts are often seen as complex areas of law for individuals and businesses alike.
Our team can ensure that you are meeting your legal obligations whilst getting the most out of your entities. We cater for all business sizes, ranging from major business ventures or smaller family or personal trusts. Find out more.
Taxation liabilities including land tax, stamp duty, GAIC, CGT and GST
Owning property in Victoria may incur land tax. Generally if a property is classified as an individual’s principle place of residence than the property is generally exempt.
If a property is determined to be liable for land tax, then the State Revenue Office will issue the land tax assessment notice which will list all properties that are owned by the individual or relevant entity. This will include any other properties either jointly owned with another or any interest in any trust-like land that a person may hold.
GST applies to certain property transactions if the Vendor, is registered or required to be registered for GST purposes.
The GST treatment for a property varies depending on the different type of property or its intended purpose. Find out more.
The manner of holding of property and ownership of property
A manner of holding refers to how your ownership of property is registered on title.
Different manner of holdings of property are becoming more common and are individuals are electing to formalise their financial or constructive interest in a property by entering into a written agreement. Find out more.