On receipt of this questionnaire we will prepare for settlement of the property. Please ensure that it is returned as soon as possible to ensure that there are no delays with settlement.
You should be aware that if there is any ‘land development’ between the date you signed the contract and the date of the nomination, you may be assessed for additional stamp duty. Land development can include such things as:
a) applying for permit under the Planning and Environment Act 1987 or Building Act 1993 (even if not granted)
b) having a plan of subdivision of the land prepared;
c) Requesting that a planning authority prepare an amendment to a planning scheme that would affect the land;
d) Doing anything on the land which would require a permit or approval under the Building Act 1993; or
e) enhancing the value of the land in any way.
If you have any intention of developing the land prior to settlement, please advise us immediately.
The address that will appear on the title is extremely important. It is where the registrar will send documents to after settlement. In most cases, when the purchasers are purchasing as their principal place of residence, the address will be that property address.
This abstract from the Land Titles Office may help you decide on which address to list on the title:
“Do I need to change my address in the Register?
Sometimes, the Registrar of Titles is required to send notices and copies of documents to property owners. These are mailed to the owner at the address recorded in the Register. The most common situation is when a caveat (notification of an interest in land, for example by a purchaser or mortgagee) is recorded in the Register. The Registrar of Titles is required under the Transfer of Land Act 1958 to send a notice and details of the caveat to the owner(s) at the address recorded in the Register. If that address is incorrect, then the owner(s) will not know there is a caveat affecting their property. In other instances, notices are sent to property owners when a Certificate of Title boundary change affects adjoining properties, and also when there are road closures. You may lose valuable rights if you do not receive these notices.”
Joint Tenants / Joint Proprietors - Ownership of land is held jointly where there is a right of survivorship of the registered owners. That is, upon the death of one joint owner, the land as a whole passes to the survivor(s).
Tenants in Common - Ownership of land by two or more people where each person is entitled to occupy the whole of the land in common with the others, but where none of them are entitled to the exclusive possession of the land. On the death of one of the proprietors, their share does not pass on to the survivors, but passes to the executor or administrator of the deceased. You can specify that shares be equal or unequal, between people owning a parcel of land as tenants in common.
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