Why you might need a Property and Leasing lawyer:

Buying a home, or even leasing a property,  is often one of the biggest financial investments you will ever make. If you are purchasing by private treaty, at auction, off the plan, or leasing.

New South’s team of professional Property & Leasing lawyers can help you understand the legal rights of the contract of sale or lease to ensure your dream home doesn’t turn into a nightmare! Whether you are a buyer or seller, a landlord or tenant, our conveyancing team never compromises on our commitment to ensure that all property and leasing transactions are smooth, streamlined, and simple, for all parties involved.

What we do:

When entering into a contract for sale it is imperative that you understand your legal rights. At New South Lawyers, our Property Law experts will guide you through each step and explain how the conveyancing process (preparing the sales contract, mortgage, and other related documents) works, for both purchases of property bought at auction or a strata title property. Enquire in confidence.

As the vendor (seller/property owner), you must include certain information and documents in the Contract for Sale. If you fail to include these documents in the contract, the purchaser is entitled to rescind the contract and have their deposit refunded. However, at New South Lawyers, we can help you understand what they are and prepare the contract accordingly. We can also support you in dealing with negotiations on the contract (which can be technical in nature) and settlement (which may involve several parties other than the purchaser such as a discharging bank and an incoming bank). Ask us for advice.

Whether you are a landlord or tenant, commercial or residential, our Leasing Lawyers can help answer all your legal leasing questions such as special conditions and terms of the heads of agreement, lease, and any lease disclosure statement and understanding your terms of obligation. You have rights. Find out yours.

Conducting thorough and informed due diligence regarding any property acquisition or development is a must if you are considering buying or developing property. Considered and thorough due diligence can help you avoid costly mistakes or factor constraints in your acquisition. Our Property & Leasing Lawyers can help with this.

Buying a house, apartment, or townhouse 'off-the-plan' means signing a contract to buy a property that is yet to be built. You can view the developer's plans, designs, and renders for the property, but can't view a physical building, which can make it difficult to know what you will actually receive. However, our Property Lawyers can help you. Are your rights protected? Reach out to find out.

A property option is essentially an agreement made between a vendor and a developer to exchange land for an agreed price at an agreed time. This allows the vendor to achieve a higher than market value for their asset. If you need the expertise of a Property & Leasing Lawyer, then contact us.

A call option refers to the process of giving a potential buyer (called the "grantee") the right to compel a property owner (called the "grantor") to sell the property to the grantee at an agreed price. However, this depends on the grantor not selling the property to any other person. The primary benefits of using a call option agreement rather than a normal contract of sale are the potential tax benefits. If you need support understanding your rights, speak to our Property Lawyers to get help now.

Put and call options give parties the ability to purchase and sell property at a future date with a minimal upfront commitment. These option agreements can be advantageous for both parties but must be carefully drafted and reviewed to avoid unexpected tax implications and stamp duty. Reach out to our Property Law team to learn more.

Property consolidation allows an applicant to consolidate two or more parcels of land into one parcel. Only one new parcel can be created by a plan of consolidation. Find out how our Property Lawyers can help you.

Partitioning refers to the situation where land that is held jointly (whether as joint tenants or tenants in common) is transferred to one or more of the co-owners of the land. If you need support in a property partition matter, enquire in confidence.  

Subdivision divides an existing area of land into two or more segments. This allows for separate properties to be built on these new segments. However because there are a number of subdivision options available, and a range of factors that need to be considered (including zoning), the process can be complex. Ask our Property Lawyers for advice. 

An easement is a section of land registered on your property title, which gives someone the right to use the land for a specific purpose even though they are not the land owner. Examples include a shared driveway with your neighbour or the right of the water company to have an easement to run water pipes under your property. To avoid disputes over easements, the services of a good Property Lawyer must often be utilised. New South Lawyers can help with this.

Did you know that when it comes to property access and privacy, a person who enters with a particular purpose (for example, a visiting neighbour) has an implied right to come onto your property and up to your door? But if you withdraw your consent by asking them to leave, they must do so, otherwise, they are now considered to be trespassing. A good Property Lawyer can help you to understand if your rights are protected. Reach out to find out. 

Did you know that when it comes to property access and privacy, a person who enters with a particular purpose (for example, a visiting neighbour) has an implied right to come onto your property and up to your door? But if you withdraw your consent by asking them to leave, they must do so, otherwise, they are now considered to be trespassing. A good Property Lawyer can help you to understand if your rights are protected. Reach out to find out. 

As a general rule, landowners are responsible for stormwater pipes and drains on their property. At the same time, the local council looks after things off your property like the connecting sewerage pipes. However, stipulations vary between Australian states and territories. If you need clarification on how this affects your rights, a Property & Leasing Lawyer can help. Contact us.

Mortgage laws are designed to define the rights of lenders and mortgagees for the purpose of securing finance for a property. However, they can be complex and technical. If you need assistance in this space, speak to us to get help now. 

In contrast to residential property, corporate and commercial property may be subject to different regulations. Retail shops for example tend to be heavily mandated, while other commercial spaces, such as office spaces or general industrial units, do not attract the same level of control. If you are dealing with corporate property matters, reach out to our Property & Leasing Law experts to earn more.

There are multiple legal considerations which must be accounted for when purchasing developments of any kind. Financing, due diligence, building development agreements, council issues, site acquisition, environmental matters and off-the-plan purchases are all issues that the Property Law team at New South Lawyers can assist you with. Find out how we can help you.

We can help you implement a number of strategies to maximise the sale of your property development. These include issues surrounding GST, as well as building and construction services reporting. Enquire in confidence.

From hotels and hospitality to banking and finance, our Leasing Law experts have represented a number of industries and helped create better commercial outcomes through competitive leverage in negotiations. Our expertise covers tenant representation, office leasing and workplace strategy. Ask our Leasing Lawyers for advice.

If you’re looking into leasing retail space in Australia, or want to lease your vacant retail space, our retail property Leasing Law experts can help to provide advice on new developments and refurbishment projects, major projects, re-positioning of assets, government pre-commitments, sustainability, commercial trends, tenant decision-drivers, so you can achieve results faster. You have rights. Find out yours.

Similarly, If you’re looking into leasing industrial space, or want to lease your vacant industrial space our industrial property Leasing Law experts can help to provide advice on new developments and refurbishment projects, major projects, re-positioning of assets, government pre-commitments, sustainability, commercial trends, tenant decision-drivers, so you can achieve results faster. We can help with this.

Our Property & Leasing Lawyers can represent you in council matters pertaining to property law guided by a range of laws, regulations, and policies. Are your rights protected? Reach out to find out. 

When buying or selling a property, it’s imperative to check that all structures requiring development consent are approved by the relevant government authority. If you’re unsure, contact our Property & Leasing Law team. 

Who we do it for:

Our previous clients have ranged from first-time residential homeowners to commercial developers and retail outlet and shopping centre owners, and have included private individuals and corporations across a number of industries.

Ask us in Confidence