Commercial Law Lawyers in Upper Caboolture

Not unless it is registered. In Queensland an easement is an interest registered against the title under the Land Title Act 1994 (Qld), and long use alone rarely creates an enforceable right. An informal arrangement usually ends when the neighbouring property is sold. If your business depends on that access for trucks, deliveries or plant, the position should be formalised while the current owner is cooperative. We can advise on what is required and negotiate the terms. This is general information about how the law works, not advice about your land.

It depends on the zone under the planning scheme and on any existing approvals attaching to the land. Some commercial and rural-industry uses are permitted, some need approval, and some are not supported at all. Long-standing uses may have existing use rights, but those can be lost if the use changes or ceases. We review the zoning, the approval history and the intended use before you commit capital to the site. We do not advise on a particular property without the mapping and the scheme provisions in front of us.

Usually as a coordinated transaction rather than one contract. Value is apportioned between land, plant and goodwill, with duty and tax consequences flowing from that split, and both contracts settle together. The searches on the land side, covering approvals for structures, easements, encumbrances and any environmental notation, are where these deals commonly slow down, so we start those early rather than after a contract is signed. Duty and tax questions go to your accountant or the Australian Taxation Office.

No. Catton Roderick services Upper Caboolture from its Caboolture office at Unit 3, 9 East Street, Caboolture QLD 4510, a short drive away, open Monday to Friday, 9:00am to 5:00pm. We also have offices at Level 1, 133 Redcliffe Parade, Redcliffe and at Regatta 1 Business Centre, 2 Innovation Pkwy, Birtinya. For property matters it helps to bring the title details, survey plan and any approval documents to the first appointment.

It becomes a disclosure and negotiation issue on sale, and potentially a compliance issue before that. Options generally include seeking retrospective approval, dealing with it by a contract condition and price adjustment, or removing the structure. Which is sensible depends on the building, the zone and the buyer. The important thing is identifying it before the property is marketed, not after a buyer's searches find it.

Yes, whether that is storage, yard space, a hangar, a shed or agistment. These arrangements are frequently made verbally between neighbours and then cause difficulty when land is sold, insured or damaged. A written lease should cover permitted use, insurance and liability, access, maintenance, term and termination, and how the arrangement is treated if either property changes hands. It is usually a short, straightforward document.