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Neighbourhood Disputes - Trees

24/3/2017

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A residential contract usually requires the Seller to inform or provide the Buyer with a copy of document relating to disputes (if any) between the Seller and neighbouring property owners about trees. For instances:

    a) the Seller must give the Buyer copies of any Queensland Civil and Administrative Tribunal (QCAT) applications or orders. If copies         are not given before Contract, the Buyer may be able to terminate the Contract at any time before settlement (despite any contract         disclosure);
   b) if the Buyer terminates the Contract in this regards, the Seller may also be liable for the Buyer’s reasonable legal and other                   expenses after the Buyer signed the Contract;
   c) if the Buyer completes the purchase and the Seller has not completed all work required in a QCAT tree order not disclosed to the          Buyer before contract, the Seller may remain liable to carry out the work after settlement; and
  d) If there are tree applications or orders affecting the property and they have been given to the Buyer by the Seller before the Buyer        enter into the Contract, then the Buyer can be obliged to respond to the QCAT application or complete work specified in an order          which has not been completed by the Seller.

QCAT search result does not reveal the presence of any applications in relation to trees that have not yet resulted in an order. This application can only be discovered by a physical search of the QCAT register. We recommend the Buyer instruct their respective solicitor to have a search agent conduct this search.

The Seller must promptly give the Buyer a copy of any notice, proceeding or order, received after the contract date.

The Seller must not give any notice, seek or consent to any order or agreement without the Buyer’s prior written consent after the contract date.

Although views from a property are not generally protected by the law, the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Qld) (hereinafter referred to as the “ND Act”) will, in limited circumstances, provide a property owner with the ability to seek an order from QCAT regarding trees on adjoining land (or on land that would be adjoining but for a road). Where a person’s property is affected by substantial, ongoing and unreasonable interference from a tree on adjoining land, that person may seek orders under the ND Act in relation to the tree (including for compensation or for work to be done to the tree). If the interference is the obstruction of a view, QCAT may only make orders if the tree rises at least 2.5 metres above the ground and the obstruction is a severe obstruction of a view, from a dwelling on the property that existed when the property owner took possession of the property.

​The ND Act will not provide the Buyer with greater views than what exist when the Buyer takes possession of the property. If the views from the property the Buyer is buying are important to the Buyer, we recommend that, on taking possession of the property, the Buyer make a record (including but not limited to photographs) of the existing views. Without a relevant record, it would be difficult to provide evidence to QCAT about the views that existed at the time the Buyer took possession of the property.

Source: The Neighbourhood Disputes (Dividing Fences and Trees) Act 2011
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Apartment prices weaken in Brisbane in last quarter 2016

17/3/2017

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The housing market in Queensland grew moderately in 2016 with Q4 results showing a weaker result for units, according to the REIQ.


The REIQ Queensland Market Monitor: December 2016 quarter report found the Brisbane LGA median house price grew 1.6 percent this quarter, to a new high of $655,000.


The annual median house price grew 4.1 percent over the past 12 months. The unit market performed less well, falling 4 percent this quarter. CoreLogic has Brisbane's unit median price currently at $488,000.


Antonia Mercorella, chief executive officer, REIQ  said this is the consistent, sustainable growth that the Brisbane house market has become known for and it is great that it’s such a solid performer.


"The unit market performed less well, falling 4 per cent this quarter, with supply issues finally gaining traction that many had forecast.  
"However, over the past 12 months the unit market has only fallen 1.1 percent and over the past five years the market is still in positive territory, having grown 11.3 percent.


“These supply issues have, as expected, had a small impact on prices, however, we know that the market is an excellent self-regulator and developers are already scaling back projects scheduled for this year and in 2018," she said.

​Source: REIQ


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Home sweet home (capital gain tax) (Issue number 3)

17/3/2017

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Continue on the same topic on main residence (see issue 1 and issue 2), do you know that you can have two homes that could be regarded as your main residence and still entitled to the main residence exemption, during a specified period, if certain conditions are satisfied.
 
If you acquire a new home before you dispose of your existing house, both dwellings may be treated as the your main residence for up to six months only if the following conditions are satisfied:

  • The existing main residence was your main residence for a continuous period of at least three months in the 12 months before your ownership interest in it ends (e.g. ending when the existing main residence is disposed of) ;
  • You did not use it to produce assessable income in any part of that 12 months when it was not your main residence. For example, the condition would not be satisfied if during the 12-month period you did not live in the house and rent it out during that period ; 
  • The new dwelling becomes your main residence
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The exemption for both dwellings only applies for the shorter of six months (ending when the ownership interest in the existing main residence ends) or the period between the acquisition of the new dwelling and the disposal of the old dwelling.
 
Source: 
Moving into a dwelling          
Treating a dwelling as your main residence after you move out
Selling your home

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