A large percentage of Victorian domestic building projects are completed to a high quality standard. There are however reported instances when things do go wrong, and when they do, it is predominantly the consumers that are left to suffer the consequences. It is for that very reason that the Victorian Government has passed the Building…
The principle of indefeasibility (the State guarantee as to ownership of land) applies only to Torrens title land. Ownership of Old System title is certain only if another person with a better claim cannot be established. Adverse possession is a legal principle that enables a trespasser (or adverse occupier) who has been allowed uninterrupted and exclusive…
Pursuant to s 15 of the Land Tax Act 2005 (Vic) (Act), a purchaser under a contract of sale of land is deemed to be the owner of the and where the purchaser has taken possession. This provision allows a vendor to shift the burden of land tax once possession has passed. However, the definition…
In our article titled How to select a building consultant to prepare a pre –purchase inspection report, we reviewed the legal position that a home owner can recover damages where a building consultant has been negligent in preparing a pre –purchase inspection report. In this article, we discuss how to prove a building consultant has…
