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Property Law

Forty Four Degrees: Comprehensive Property Law Services

At Forty Four Degrees, we specialise in a broad range of property law services, offering end-to-end solutions for all your real estate needs. Whether you're dealing with conveyancing transactions, caveats, covenants, commercial and retail leasing, or planning issues, our team is here to provide expert legal guidance and tailored solutions.

Expertise in Conveyancing
Navigating Conveyancing with Ease: Conveyancing is a complex and critical aspect of property law, requiring meticulous attention to detail. Our firm offers comprehensive guidance to ensure your property transactions are smooth and legally sound. We have developed guides to assist you before purchasing a property, and we invite you to contact us for a no-cost review of the Section 32. Be sure to also explore our conveyancing FAQs for additional insights.

Guidance in Building and Renovation
Securing Your Dream Home: When it comes to building or renovating your home, having a solid building contract is essential. To help you avoid the drama often depicted on design shows, we provide a helpful building contract infographic. Our team is always available for a chat to discuss your specific needs and concerns.

Focus in Commercial and Retail Leasing
Support for Small Businesses in Leasing: For small businesses, navigating the complexities of commercial and retail leasing can be daunting. Our services cover all aspects of lease drafting, negotiation, variations, transfers, assignment, surrender, and mortgagee consents to lease. We ensure that you understand your rights, obligations, and the implications of bank guarantees and landlord responsibilities.

At Forty Four Degrees, we are committed to providing comprehensive, expert legal services in property law. Our approach is personalised and client-focused, ensuring that whatever challenge you face with your real estate assets, you have a tailored solution that fits your needs perfectly. For all your property law inquiries and services, Forty Four Degrees is here to guide you every step of the way.

 Downloadable guides to property law
Updates in Property Law

Getting Paid in Construction: Payment Claims under the Security of Payments Act

By Eva Bluett & William Lim • 30 Oct, 2023
Within the building and construction industry, there is a mechanism for builders and contractors to be paid promptly and without needing to resort to litigation
Forty Four Degrees article on Insolvent Builders - two people on a building site

Insolvent Builders - What to do next?

By Aniket Parulekar • 31 Mar, 2023
What to do if your builder is in liquidation

Owner-Builder Works: Certification, obligations and becoming a vendor

By Henry McMenomy • 16 Jan, 2023
Recently, Henry McMenomy was invited to present at a seminar hosted by the Australia Institute of Conveyers on the various obligations and penalties that apply to owner-builder works.

Fencing Disputes: Who, What, and How Much

By Nicola Drakeford and Eva Bluett • 07 Oct, 2022
Disputes about fencing are common - what type of fence, who should pay, and how to make your neighbour contribute are common issues our clients face.
Show More
Conveyancing FAQs

  • Why should I choose a lawyer instead of a conveyancer?

    Everyone at Forty Four Degrees who works on client files is a lawyer  - they have a law degree, understand the complicated interplay between property law and contracts, know about taxes, and are aware of the complex background of our Torrens (and General law) property  system. 

  • How much does a conveyance cost?

    Depending on the scope (and we can talk about this till the cows come home) a conveyace should cost about $1650 inc GST. There are added disbursments that may need to be paid, which is different from property to property. 

  • What is a disbursement?

    There are documents (such as title searches) that we must order on your behalf. Those are disbursements and we ask you to reinburse us for you. Talk to us about the things that are necessary for your conveyance.  

  • What does conveyancing mean?

    To convey means to transfer something from one person to another. Much in the same way you convey meaning, you also can convey property. 

  • What is electronic conveyancing?

    Electronic conveyancing is a system that allows us to register transfers of land (or other property instruments) without needing to print documents out. It is required in Vicotira and we have found it to be reliable, fast, and efficient. 

    It is important to use a lawyer who is savy with technology to ensure that your transaction is problem free. 

  • What is a property certificate?

    A property certificate is a document generated by one of the authorities (water, council, land tax, owners corporation). We buy them for you to ensure that we check all the relevant issues including the fees that need to be paid. 

  • What is (stamp) duty?

    Duty is a type of tax that is payable on the transfer of a property collected by the State Revenue Office. Some exemptions apply and you should always discuss with your lawyer. 

  • What is a principal place of residence (PPR)?

    PPR is a way we label and single out the property that you live in. Your PPR gets discounts in many ways, including stamp duty,  capital gains tax, etc. 

  • Joint Tenants vs Tenants in Common?

    It is important to get good legal advsice as to how the property should be owned if more than one person is buying it. 

    Joint Tenants means that if one owner should pass away, the other owner immediately recieves the share of the deceased. 

    If you want to leave your property to someone else via your Will, then in those circumstances Tenants in Common may be more appropriate. 

  • How do I transfer property between spouses?

    There are some circumstances where stamp duty exemptions apply. The principal place of residence can be transferred between the spouses with no stamp duty. 

    Upon the end of the relationship, we are also able to trasnfer properties with no stamp duty. 

    The transfer is done via PEXA and we do need to contact the bank to make the title available. 


    We are able to act for both (or either) of the spouses and ensure the transfer happens quickly and cheaply.  

  • How do we adjust between the vendor and the purchaser all the rates?

    As part of the transaction we draw a line in the sand and ensure that the Vendor and the Purchaser only pay for the rates (council, water, owners corporation, land tax) that applies to the period when they own the property. 

  • What rates do not travel with the land?

    Electricity, Internet, Gas, Spotify, and any other things you can think of that is not listed in the Statement of Adjustments. 

  • What is happening with my conveyance and is there anything I need to do?

    A good solicitor looking after your matter will talk you thorugh the steps. If you are a client at our firm, always feel free to call us, but chances are, if we are not calling you, there is nothign to do (for now).

    Purchasers are process driven transaction and we often wait for other people so that we may then complete the next step. 

  • What is GST Withholding?

    It is important to be aware of the tax implications of every transaction, even if you are purchasing and not selling. There is an expectation that the purchaser will pay the Vendor's GST to the ATO in some circumstances. 


    For more information click here. 


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