The demand for retirement living options and aged care services is constantly increasing.
Our Property Law department offers expertise in the specialised area of retirement villages, supported residential services and aged care. We work closely with residents looking to move into retirement, aged care or supported residential service facilities.
We focus on understanding our client’s individual needs and wishes and identify the opportunities and risks associated with retirement villages and supported accommodation options.
In addition to advising residents, we also offer the following services to owners and managers in the retirement living and aged care sectors:
Selling and buying retirement living facilities;
Advising on land acquisition and planning;
Preparing standard residential agreements; and
Advising on compliance with retirement village and aged care legislation.
Harwood Andrews’ property law team is skilled in all facets of property development. Our team includes Law Institute of Victoria Accredited Specialists in Property Law.
Our clients range from small to large property developers, councils and statutory authorities. We support our clients from the start to the end of a property development including:
Site acquisition and due diligence
Section 173 agreements
Subdivision applications including not in common ownership (NICO)
Taxation consequences of development [link]
Legislation and regulation compliance
Our leasing team advises clients in relation to the preparation and negotiation of leases for commercial premises including leases governed by the Retail Leases Act, as well as related agreements including licences.
Our commercial leasing team includes Law Institute of Victoria Accredited Specialists in Commercial Tenancy Law, who act for both landlords and tenants in large shopping centres and office towers in Melbourne and Geelong.
Our team also provides specialist advice to government instrumentalities for leases and licences, including those governed by the Crown Land (Reserves) Act.
Harwood Andrews is well versed in helping you understand your rights and obligations under leasing and licencing agreements and maximising the benefits available to you. Our practitioners regularly appear at the Victorian Civil Administrative Tribunal and mediations by the Small Business Commissioner on leasing dispute matters.
We also apply our specialist knowledge of commercial tenancy law including leases governed by the Retail Leases Act, to provide counsel in relation to leasing disputes.
Harwood Andrews’ property law team is skilled in dealing with the many aspects of Owners Corporation law. We act for lot owners, Owners Corporations and managers.
Our team includes Law Institute of Victoria Accredited Specialists in Property Law. We understand the complexities and nuances involved in dealing with Owners Corporations and can assist in dispute resolution.
Harwood Andrews provides advice on matters including:
Entering contractual arrangements with third parties and with individual lot members
Lot boundaries and common property
Common property and lot property leases and licences
Creating, altering and removing common and lot property
Repairs and maintenance
Owners Corporation rules
Harwood Andrews’ property law team is skilled in working with members of the public, state instrumentalities, state and local government and public authorities regarding compulsory acquisition of property.
Harwood Andrews has a detailed understanding of the operation of compulsory acquisition legislation and the requirements placed on authorities that have the power to compulsorily acquire land and compensate landowners.
We work closely with local governments and statutory authorities to streamline the compulsory acquisition process.
Covenants and easements can have a major impact on how landowners can use their property.
Easements are property rights over another’s land. They include rights over roads and carriageway easements, and easements for services such as water and sewerage. Restrictive covenants govern the way land can be used and developed. These include restrictions on how land can be developed, and the building materials used when building on the land.
Harwood Andrews provides advice on encumbrances to both public authorities and private clients.
We assist with
Investigating covenants, easements and other encumbrances before buying a property
Removing and varying covenants, easements and other encumbrances
Creating covenants over land by agreement or compulsorily
Harwood Andrews regularly works with clients to make and respond to adverse possession and related claims. We assist with:
Applications for vesting orders based on possessory title
Boundary disputes arising from fencing alignment
Disputes over rights of way and private roads
Although Land Use Victoria is actively converting general law land to the Torrens system, properties in the earlier settled areas of Victoria can still have general law titles. If the general law title has been converted under the Titles Office’s initiative, the warning placed on the title should be removed.
Harwood Andrews has considerable experience in this area and can assist you if you have a general law title that you wish to convert and with removal of a warning as to subsisting interests.
Harwood Andrews’ property team focuses on identifying and addressing potential taxation issues when acquiring, developing and selling land. We provide practical, strategic and technical advice on the structuring of property ownership, capital gains tax (CGT), goods and services tax (GST) and state duties. Our team has successfully obtained for clients numerous stamp duty and land tax exemptions or concessions.
Harwood Andrews works collaboratively with clients and external regulatory bodies to ensure that clients receive the best and most comprehensive property tax advice. In addition, we work closely with our business law team and taxation specialists to provide holistic state and federal tax advice for businesses and landowners.