Types of Property Ownership
Cheers Kim
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Property Conveyancing – Types of Property Ownership
Co-ownership relates to where 2 or more persons are entitled to possession of the same property and land. Each person is entitled to possession of the whole of the land rather than possession of any particular part. There are three types of co-ownership:
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Tenants In Common.
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Joint Tenants.
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Co-ownership under the Joint Family Homes Act 1964.
Tenants in common exists when two or more persons hold defined shares in a property. More so when the stated shares of ownership is noted on the Certificate of Title.
Tenancy in common is usual where the registered proprietors are not in a relationship as defined in the Property Relationship Act, or are not trustees.
Each person is entitled to possession of the whole of the land and is only entitled to a distinct share in the whole of the land.
When parties are registered as Tenants in Common there is no right to Survivorship. It is recommended when being registered as Tenants in Common a provision is made in your estate as to who you want your share to be transferred to.
Joint Tenancy arises when two or more people are registered on the Title without any words to show separate interests in the land. This means that each party owns the land jointly. This type of tenancy is a common form of ownership by spouses. Trustees may also own land as joint tenants.
The characteristics of Joint Tenancy are:
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The presence of the four unities of title, possession interest and time.
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The right of Survivorship, and
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The right to sever the joint tenancy before the death of a joint tenant.
Title – All joint tenants must have obtained Title from the same transfer, or other instrument.
Possession - No joint tenant has an exclusive right to possession of any particular part of the land. Each joint tenant has as much right to possession of all or any part of the land.
Interest - Joint Tenants own one estate, so their interests must be the same as to the nature, extent and duration.
Time - Each joint tenant must vest at the same time except where the land vests by way of a will or trust.
Property Conveyancing – Cheap Quotes and Advice
We hear all to often about the problems of Conveyancing Companies and Solicitors offering cheap Conveyancing Fees both online and offline. It is also a problem within the Professional Industry as well given the current property market over the last 3 years.
I have been in the Industry since 1984, and have a substantial amount of experience. Over this period I have also seen the lows and highs of the property market.
Many Conveyancing Companies and Solicitors will advertise cheap Conveyancing fees as a method of obtaining Clients based on volume of turnover which in the end only turns into a disaster for the Client and Consumers. The quotes given by these Companies may not include the disbursements and government charges.
The dangers to the Client and Consumer could be overloading Staff, cutting corners in the legal process and transaction, thorough searching, researching and investigation of the paperwork, back log of work together with poor Professional Service delivery just to name a few.
The client file within the firm may also be handled by several people making it exceptionally confusing for the Client not knowing who is actually handling their matter.
When you consider the price of the property you are selling or purchasing together with what you may pay the Agent for their commission, does it really pay to look for the cheapest Conveyancing fee? I would definitely say not.
We hear all to often, but it is a straight forward property transfer. We hear this at the front and then when we received the Agreement for Sale and Purchase we discover there is much more involved. Such as Companies, Guarantee’s, Trusts, collateral security properties, further negotiations in relation to Builders Reports, LIM Reports and Final Inspection just to name a few.
If you are looking for the cheapest Conveyancing Fees and Quotes then you must remember what you pay for is what you get, this also covers paying peanuts you may end up dealing with monkeys.
We recommend you get a quote for your Conveyancing, you need to make sure it covers everything inclusive of Disbursements, Government Charges, GST and any other hidden costs which may not be Disclosed. Also query what is the Charges if the transaction does not proceed.
Are you being charged a fixed fee or an hourly rates and do you have a money back guarantee. Do not be afraid to sight any client testimonials.
We at Property Conveyancing Services Ltd pride ourselves on our Professionalism, Service Delivery and looking after each Client personally. We will never claim to the cheapest Conveyancing Company but we are also not the most expensive. For a no obligation Property Conveyancing Quote please click the this link http://www.propertyconveyancingservices.com/free-property-conveyancing-quote.html
Cheers Kim
Ever wanted to know what a Personal Property Security Register Search? Here is our post. Cheers Kim
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Property Conveyancing – What is a Personal Property Securities Register
If you purchase items on hire purchase, such as fridges, washing machines, electrical goods, motor vehicles, boats, caravans or utilise any type of credit to complete your purchase you will probably find your details have been registered by the secure part on the Personal Property Securities Register (PPSR).
The details registered will include your name, date of birth, address and a description of the purchase of goods.
Please note that the PPSR record does not record the financial details of the transaction such as the amount borrowed or the value of the item/s.
When your information has been registered by either the Lender, Finance Company or Bank you must be sent a copy of the statement unless you waived this right at the time of signing your agreement. So it is always important to read the fine print in any Contract you enter into.
If you notice that any of the details are incorrect you have the right to ask them to be corrected. If you owe money on the items you wish to sell you should not sell them without the written permission of the company you owe the money to as they may require to the debt to be repaid from the sale proceeds. If you do not you risk the person you sold the goods to of a possible repossession by the Creditor.
When an Agreement for Sale and Purchase is completed and the chattels are listed in the Agreement your Conveyancing Practitioner must complete a Personal Property Securities Register Search to ensure the chattels are not subject to any hire purchase agreement. The last thing you want is to have your property conveyancing completed and then discover someone is knocking on the door to repossess items.
For more information visit us @ https://www.propertyconveyancingservices.com or connect with our facebook @ https://www.facebook.com/conveyancingservices.
To your success Cheers Kim
