Property & Development

Tisher Liner FC Law provides a full range of property law and development services to its clients. This includes conducting simple residential conveyancing matters through to large-scale property developments, which involve preparing master contracts, joint venture agreements and associated finance documentation.

We have significant experience in acting for developers and assist developers with:

• Purchase agreements and options for purchase of land including due diligence services;
• Matters relating to Air Rights;
• Planning matters at the Victorian Civil and Administrative Tribunal;
• Structuring advice and preparing and reviewing development structure documents such as joint ventures, partnerships, shareholder and unitholder agreements;
• Senior debt, mezzanine and second mortgage funding;
• Preparation of master contracts and conveyancing of sale of lots in developments;
• Preparation of contracts with multiple owners selling multiple parcels in one lot to a developer;
• Property disputes;
• Adverse possession and title issues;
• Creation and variation of easements and restrictive covenants;
• Section 173 agreements;
• FIRB Issues;
• Land tax and stamp duty issues;
• Owners corporation issues;
• Agreement for leases and leases;
• Licences of common property.

We deal with matters for developers with sites ranging from 2 lot subdivisions to apartment buildings with 700+ lots, greenfield sites and estate development.

We also have extensive experience in preparing and reviewing agreements and structuring development opportunities in developments such as:

• Caretaking agreements;
• Facility management agreements;
• Owners corporation manager appointments and authorities;
• Sale of management rights and compliance with developers obligations in light of the Community Association DP 270180 v Arrow Asset Management Pty Ltd [2007] NSWSC 527 case;
• Sale of rent rolls;
• Exclusive letting rights;
• Exclusive management rights;
• Embedded network rights for electricity, gas, hot water and solar power including installation, management and operation;
• Agreements with utility and service providers;
• NBN infrastructure agreements;
• Licensing of storage cages, car parks, courtyards, office space, compressors and other services;
• Retail and commercial leases;
• Creation of owners corporation rules;
• Rooming house operations;
• Serviced apartment operators;
• Retirement villages;
• Caravan Parks;
• Shopping centres;
• Child care facilities.

A number of our principals sit on property law committees. This ensures our team remains up to date with the frequent changes to the law, so that we can pre-empt industry shifts or developments our clients may encounter.

Tisher Liner FC Law also has a leading owners corporation division. For details of the services we provide owners corporations and their managers click here.

Click here to view our Frequently Asked Questions on Air Rights.