Other Conveyancing Transactions

TITLE TRANSFERS GEELONG

You may have a change of circumstances and require the Title of the property to be in an alternative name.  These circumstances may be as follows:

  • When refinancing, a change of ownership may be required to obtain finance
  • Love and Affection – a reunion of a relationship where a partner is added to the Title
  • Gift between family members – for example from the parents to a child or children
  • Changing from a Company name to your own name or vice versa for Taxation purposes
  • Following the break down of a marriage, a change of ownership would be required where one partner is removed from the Title, and may be required to refinance and complete the settlement arrangements
  • Related party matters – families who request to transfer property to another family member
  • Removing a friend who initially was added to the Title to assist with obtaining finance and no longer requires to be on the Title.

Fees application in these circumstances include:

  • Stamp Duty (if applicable) to the State Revenue Office
  • Registration Fees to the Titles Office
  • Conveyancing Fees for preparation of legal documents and attendances to State Revenue and Titles Office (where applicable), booking in settlement with clients financial institution and further attendances (if applicable)
  • Bank fees for refinancing or to make the Title available at the Titles Office.

Sargeants Geelong will complete all the required legal documentation required for your transaction and attend to obtaining a Stamped Transfer and comply with all the requirements to satisfy the State Revenue Office.  Once this is established we will assist you to complete your Change of Ownership requirements.

PLANS OF SUBDIVISION

A plan of subdivision allows you to divide land into two or more new parcels of land that can be disposed of (sold) separately.  The only new parcels that can be created by a plan of subdivision are lots, roads, reserves, or common property. All new plans of subdivision lodged with Land Victoria are lodged under Section 22 of the Subdivison Act 1988.

SECTION 173 AGREEMENTS

A Section 173 Agreement will generally be a requirement of a condition placed on your planning permit.  Not all planning permits require one, but Sargeants Geelong can check your permit carefully and determine whether you need to act on one if there is a requirement to do so.

A Section 173 Agreement is a legal contract made between your Local Council and any other party or parties, under Section 173 of the Planning and Environment Act 1987.  There are a number of requirements that will be set by the Local Council and the Title Registration Service that you, as the landowner, need to meet when entering into a Section 173 Agreement.

Why would you be required to enter into a Section 173 Agreement? An agreement specifies what you can or cannot carry out, for example:

  • the prohibition, restriction or regulation of the use or development of the land
  • conditions which the land may be used or developed for specified purposes.

A Section 173 Agreement may also be used:

  • To establish monetary contributions for road construction
  • To prevent the further subdivision of land
  • To provide for the provision of infrastructure
  • To protect native vegetation
  • To provide for maintenance of a facility or property.

Section 173 Agreements are normally prepared by a Solicitor, and at Sargeants Geelong, the Solicitors in our internal legal department are experienced and ready to help you in this matter.  Contact us on 03 5221 7411 or via email.

Sargeants Geelong are one of the few companies that will disclose a fixed price fee for your Geelong conveyancing every transaction from the beginning. This gives you confident knowing that there will be no nasty hidden fees incurred at the end of the transaction.