Here is a good summary by Vanessa Paech regarding rules and procedures governing boundary fences between neighbours in Victoria. It is wise to talk to your neighbour first before making changes to your fences. Remember – they are your neighbours and they know where you live!
“…neighbours will generally be required to contribute equally to construction costs for a “sufficient” dividing fence (determined by the existence or otherwise of an existing fence, the type of fence usual in the neighbourhood and the purpose for which neighbours are using their land). Owners wanting a more expensive fence will have to meet extra costs.
Owners will have to seek agreement from their neighbours before building a fence, even if they intend to shoulder the cost themselves.
Neighbours who don’t comply may face a court order for their share of the costs, and local councils are permitted to give out resident contact details to allow the serving of notices.
If neighbours cannot agree formally about a new or replacement fence, the new rules allow one party to give notice to the other neighbour settings out details of a proposed fence type, location and estimated cost breakdown.
If the neighbours then can’t reach agreement, either owner will be able seek an order from the Magistrates’ Court specifying what fence should be built and how the costs should be shared.
Arguments over fences might seem a throwback from a bygone era, unless you’ve had one – and they’re more common that you might think. According to Victorian Attorney-General Robert Clark over 6,000 residential fencing disputes were tabled in 2012/13 – the greatest number of calls of any dispute type.”
Following the 2015/2016 State Budget, the SRO’s changes for overseas buyer become effective 1 July 2015, as explained below:
“2015-16 State Budget
The Victorian Government 2015-16 State Budget has announced changes to land tax, land transfer duty (stamp duty) and motor vehicle duty.
A 3 per cent surcharge will apply to foreign purchasers when they buy or acquire residential property in Victoria, either directly or indirectly.
This surcharge, which is in addition to any stamp duty or landholder duty payable, is proposed for contracts entered into (or a relevant acquisition made) on or after 1 July 2015.
A 0.5 per cent land tax surcharge will apply to land owned by absentee owners.
This surcharge, which is in addition to any land tax payable, is proposed to commence from the 2016 land tax year.
This year’s State Budget also includes changes to motor vehicle duty.
Motor vehicle exemptions for mobile plant and special purpose vehicles (type P) will begin from 1 July this year. These vehicles are defined in the Road Safety (Vehicles) Regulations 2009.
Mobile plant are those considered to be any non-passenger self-propelled vehicle constructed for specific tasks which may use public roads for access and that are under 4.5 tonnes.
Plant-based special purpose vehicles are more than 4.5 tonnes and generally make little use of the road network, such as backhoes, excavators, bulldozers, headers, scrapers, tractors, off-road water sprayers.
Further details of all announcements are available on the State Budget website.”
SOURCE: State Revenue Office of Victoria website – www.sro.vic.gov.au
We have just uploaded some short video clips that highlight how we can help vendors and purchasers. They are also a bit of a “behind the scenes” look at the fast paced environment that is conveyancing. You can find the clips simply by clicking on the buying or selling tabs on our site. Enjoy!
The team at CE is thrilled to have a conveyancer of Darren Buckley’s experience join our ranks. Darren comes to us with over 11 years of seasoned experience in conveyancing. Combined with this, Darren’s easy going personality, customer service focus and background in the banking industry enable him to capably assist our valued clients. Welcome aboard, Darren!
If you’re selling vacant land, everyone needs to turn their mind to the application of GST. A couple of first things to think about. GST applies to the sale of all real estate unless the property falls into a class of exemptions. Existing residential dwellings is a classic exemption. Read on…
Hello, How fast things race along. Hopefully like us you are looking forward to Christmas and a cool hot summer break. Me, I like it cool. We are closed from Friday 20 December and re-open on Monday 6th January 2014. If urgent you can leave a message on 03 9557 3344. Maybe someone might respond. Cheers from the CE team.
Hello dear clients, friends and fellow practitioners – we have moved. We have officially moved back to our spiritual home at 300 Centre Road Bentleigh. A big shout out to the colleagues who put up with us in temporary accommodation in Brighton and Elsternwick whilst our Bentleigh offices were completely refurbished and a new fit out. It took close to two years, but now seems like yesterday. Read on…
Whilst signing an “Off The Plan” (OTP) Contract and paying a deposit is a real commitment, purchasers need to be aware of their rights and obligations. Clients need to be fully informed. A starting point is the contract is conditional upon the vendor / developer completing the construction and registering the plan of subdivision in a defined period of time. Read on…
Wrong sunset date
Every off the plan contract of sale has a sunset clause in which to register the plan of subdivision, the penultimate step prior to settlement. The default or statutory period of 18 months applies, if another sunset date has not been stipulated. It is the vendor’s solicitor who prepares the off-the-plan contract. Read on…
Contact Matt Duker
Director & Licensed Conveyancer (Licence No 000935L)
Just wanted to say a big thank to you all because of your fantastic work and kind follow-ups with our home loan process. You should expect getting more customers referred by us in near future Regards,Amir B - Purchaser