All Topics / Legal & Accounting / Duplex or townhouse questions – legal questions??

Viewing 3 posts - 1 through 3 (of 3 total)
  • Profile photo of BennyBenny
    Moderator
    @benny
    Join Date: 2002
    Post Count: 1,416

    Hi all,

    A friend is looking to purchase what he believes to be a duplex (i.e. he is looking purchase one half of a structure and its land which is fence separately to its (jpined) neighbour – we are told his property is “freehold”.   To him (and to me) that should mean that he would own the land the dwelling sits on, and that he should (?) be free to treat that land and the house (half the structure) as his own, without falling foul of his “neighbour”.

    Is that so?  Or are there legal hindrances re what can be done to either the dwelling or the land owned by the new buyer?

    How does this compare to (say) a townhouse and its treatment by an owner vs all other owners in the strip?  I read a lot of stuff in Google, and am seeing lots of contradictions re both duplexes and townhouses.

    I need an Aussie-centric (hopefully legal) definition so my friend can decide whether to go ahead or not.

    Welcome all thoughts, even if you aren’t a legal adviser – but the latter would be really good (are you out there, terryw?)

    Thanks in advance,

     

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    i am no property lawyer, but there can be restriction covered by covenants on title and even laws which will restrict what can be done. Strata have the additional strata laws to contend with.

     

    He should be seeking legal advice – from a lawyer, not a conveyancer.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://structuring.com.au/
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://Terryw.com.au/

    Profile photo of BennyBenny
    Moderator
    @benny
    Join Date: 2002
    Post Count: 1,416

    Hey thanks Terry – appreciated !!

    Benny

Viewing 3 posts - 1 through 3 (of 3 total)

You must be logged in to reply to this topic. If you don't have an account, you can register here.