Question 1

What does a title search reveal?

Accepted Answer

A title search reveals the legal ownership of a property and any encumbrances affecting it. The search will show who currently owns the property, any mortgages registered against it, caveats, covenants, and easements. In Queensland, property titles are maintained electronically by the state government, and a title search accesses this official register to confirm ownership details and identify any claims or restrictions on the property. This information is essential when buying property, as it confirms the seller's legal right to transfer ownership and alerts you to any obligations or limitations that may affect your use of the property. A property lawyer in Brisbane can conduct a title search and explain any issues found.

Question 2

How much does a title search cost?

Accepted Answer

Title search costs in Queensland vary depending on the service provider and the complexity of the search. Generally, you can expect to pay anywhere from around $100 to $300 for a basic title search, though costs may be higher for more detailed or urgent searches. Some conveyancers or property lawyers may include title searches as part of their broader conveyancing services, while others charge separately. In Brisbane, you have access to 5 local property law firms through LawConnect, with 13 offering fixed-fee services that may bundle title searches into transparent, upfront pricing. It's worth obtaining quotes from multiple providers to compare costs, as fees can differ significantly based on what's included in the search and how quickly you need the results.

Question 3

What is the difference between joint tenancy and tenants in common?

Accepted Answer

Joint tenancy and tenants in common are two different ways to own property together, with key differences in how ownership passes and what happens if one owner dies.

In joint tenancy, all owners hold equal shares and have what's called a right of survivorship. This means if one joint tenant dies, their share automatically passes to the surviving joint tenants outside of their will or estate. The surviving owners continue to own the property together.

With tenants in common, each owner holds a distinct share that can be different sizes. If one tenant in common dies, their share forms part of their estate and passes according to their will or the laws of intestacy, not automatically to the other owners. This arrangement offers more flexibility if you want different people to inherit your share.

The choice between these arrangements has significant legal and financial implications, particularly regarding inheritance and stamp duty. For Brisbane property owners, the specific implications may vary depending on your circumstances. You should seek advice from a property lawyer to determine which arrangement suits your situation best.

Question 4

How do you transfer property to a family member?

Accepted Answer

Transferring property to a family member in Queensland involves updating the title through Titles Queensland using the electronic PEXA platform. The process requires formal legal documentation lodged with the state Land Registry, as you cannot transfer ownership informally through agreement alone. Stamp duty implications vary significantly depending on the relationship and circumstances. For example, transferring a matrimonial home to a spouse is typically exempt from duty, while transfers to adult children generally attract full duty based on market value. Transfers following court orders in family law matters may qualify for exemptions. Given the complexity of stamp duty, tax, and lender approval requirements, it's advisable to seek professional guidance. A property lawyer in Brisbane can help ensure your transfer is completed correctly and that you understand any financial obligations involved.

Question 5

What is the difference between an easement and a right of way?

Accepted Answer

An easement is a legal right to use someone else's land for a specific purpose, such as access, drainage, or utilities. A right of way is a type of easement that specifically grants the right to pass across another person's property. So while all rights of way are easements, not all easements are rights of way. For example, an easement might allow a utility company to run pipes underground, whereas a right of way typically permits passage from one location to another. Both are recorded on the property title and can affect how you use and transfer your land. If you're dealing with easements or rights of way on your Brisbane property, a property lawyer can help you understand your obligations and rights.

Question 6

What can I do if my neighbour builds on my land?

Accepted Answer

If your neighbour builds on your land without permission, you have several legal options. First, establish the exact boundary location through a licensed surveyor's re-establishment survey, as fences often don't align with legal title boundaries. Once confirmed, you can attempt negotiation or mediation with your neighbour to resolve the matter. If informal resolution fails, you may pursue legal action to seek removal of the structure or compensation for the encroachment. You can also explore a deed of agreement or boundary adjustment arrangement. Given the complexity and costs involved, consulting a property lawyer in Brisbane is advisable to understand your specific rights and the most appropriate course of action. LawConnect has 118 property lawyers listed in Queensland who can provide tailored advice for your situation.

Question 7

What does a property lawyer help with?

Accepted Answer

A property lawyer helps with the legal aspects of buying, selling, and transferring property ownership. They manage conveyancing, which involves preparing and reviewing contracts, conducting title searches, arranging settlement, and updating ownership records through the electronic transfer system. Property lawyers also handle matters like adding spouses to titles, property transfers following divorce or death, and advising on stamp duty implications depending on the circumstances of your transfer. They ensure all legal requirements are met and protect your interests throughout the transaction. In Brisbane, you'll find 5 local property law firms listed on LawConnect, with an average rating of 4.9 stars across nearly 4,000 reviews. Many offer free consultations or fixed fees to help you understand your options.

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