Property Law

Commercial & Residential

Greenmonts Property and Legal are experts in all types of property transactions. Our property legal services can handle the entire property lifecycle, from land acquisition, subdivision & boundary realignments, design & construction, sales and leasing and financing.

We have experience with transfers of lease, property management contracts, and strata management. Our expertise covers residential housing, strata titles, corporate titles, off the plan, commercial, industrial, rural and agribusinesses.

Home Owners - For Purchasers of property, we can provide advice on the proposed contract and any special condition before you sign. We can also advise on any special documents (such as building reports, permits, pest inspections, owners corporation certificates) and assist you with your finance documentation to ensure you are protected through the purchase process. For Vendors of property we can prepare contracts and vendor statements for normal, off the plan and auction sales and provide advice at all stages through the sales process.

Property Developers - For Developers of property, we provide an extensive range of services for commercial and residential developers, investors and managers. Our experience is broad and we have acted in all aspects from concept, land acquisition, subdivision, construction, sale and leasing. We also have prepared a number of unique structures for investment, joint ventures, partnerships, co-development, unit trusts, financing and tax structures and can draft a range of construction contracts from Decon2 and Australian Standards to customised terms for the particular circumstances contemplated.

Lenders - We can secure your loans with lending facilities, mortgages (registered and unregistered) and caveats plus all instances where the Personal Property Securities Act 2009 (Cth) applies.

Ownership Structures - We can advise on and set up property ownership structures (direct ownership, companies, investment trusts, family trusts) depending on your particular circumstances. We are also able to provide tax advice to ensure that the structure you choose complies with all GST, CGT, Land Tax and Stamp Duty requirements.

Conveyancing - Our role in conveyancing matters extends beyond merely completing the conveyancing work component. We regularly advise and give our customers the full benefit of our knowledge, skill and expertise in relation to finance, insurance matters, tax, mortgages, powers of attorney, probate issues and caveats. We can recommend surveyors, planners, designers, valuers, building inspections, pest control, engineers, soil testers and other experts who can make your property investment a safer and more informed decision. Our in house conveyancers will assist in the settlement, adjustments and transfer of your property whether from a sellers or purchasers perspective and will keep each client fully informed of the progress of a transaction by providing regular updates. At Greenmonts, we can assist in registering security for loans and have vast experience interacting with the banks and financiers of real estate transactions, lodging or removing securities, and lodging and removing mortgages.

Contracts

Our team are experienced in drafting and reviewing all types of property instruments and contracts, including contracts of sale, disclosure statements, leases, site and building reports, agreements with statutory authorities (such as s173 agreements), easements, covenants and similar. We create binding, comprehensive deeds and agreements which thoroughly cover a broad range of scenarios, especially with risk areas such as zoning issues, encumbrances, road proposals, available services to a property, building delays, FIRB approvals, contaminated land, subject to finance clauses, early access licences and sites sold with GST and going concern clauses. Our lawyers can review contracts and provide systematic, itemised advice regarding your rights and legal responsibilities. We can also assist in altering contracts, negotiating vital terms, indemnities and assess any risks involved with our clients entering in to agreements. In the event of a breach or default, our lawyers are equipped to advise on the most appropriate legal route for remedies or compensation and can assist with defending any legal challenges or claims.

Caveats & Encumbrances

When purchasing property, our team will conduct title searches on property to determine whether any caveats or encumbrances exist which may prohibit or limit dealings with the land. We provide advise on the removal of caveats and the effectiveness of utilising a caveat. We can also prepare all appropriate documents and can lodge a caveat or encumbrance on your behalf.

Leases

Greenmonts provides landlords, tenants and occupiers expert advice in respect of lease or licence agreements, planning issues and disclosure or other regulatory obligations. We assist commercial, industrial, retail and office properties whether as part of a franchise agreement, included in the sale or transfer of a business, or in the ordinary course of business. We can review potential leases for new tenants and will provide detailed advice adapted to meet your personalised business needs, advising you on the most appropriate clauses and agreements, and will construct your lease contract accordingly.

Subdivisions

Whether you are a property developer who wishes to purchase a vacant block of land to subdivide and sell off to individuals in smaller lots, or an individual who wishes to have your boundary realigned, our lawyers can help. We are able to undertake the necessary due diligence checks over properties including ensuring all inspections and investigations by local and national governing authorities are completed and affected land is clearly recognised. Our lawyers will communicate with designers and planners and council, as necessary, review the information and will arrange lodgements and registrations with the applicable authorities.

Owners Corporations

Whether purchasing a property affected by an owners corporation, leasing a premises or subdividing and developing property and creating a new OC, our lawyers can help. When entering into a contract affected by an existing OC, our lawyers can review the OC Rules and provide thorough advice on your obligations as a landowner or tenant. If subdividing land requiring an OC, our firm can prepare the relevant documents required to formally appoint the OC. We will follow the registration process with you, including assessing any easements, restrictions or covenants over the land, reviewing relevant Council guidelines, understanding the purpose of the common property and editing the model rules to reflect the OC objective. Our office can also provide advice on choosing the right management having full consideration of qualifications, experience, training, education and financial standing. We will prepare and lodge the OC summary alongside the subdivision as required by the LTO.

We can act for Owners Corporations, OC managers, and builders in relation to all strata law matters including setup, governance, management and administration, dispute resolution and litigation.

Wills & Estates

Our Wills and Estates team is experienced in family and succession law, from preparing Wills to administering estates. We offer comprehensive services including drafting Wills and all variation of Powers of Attorney, advising on testamentary trusts, planning, superannuation and binding nominations, and applying for Grant of Probate. We can help in deciding the most appropriate person to appoint as your Trustee and Executor, will assist the Executor to obtain Grant of Probate, and can follow the administration process until the Estate is distributed entirely in accordance with the Testators wishes.

We understand that Wills are often only considered when a significant event occurs in a person's life. We recommend reviewing your Will regularly at any time your situations change, like when investing in property or changing family circumstances. When you do decide to visit us, we promise an inexpensive, time efficient service to ensure your Will and wishes are prepared swiftly.