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Property & Real Estate 

Real Estates are the most common form of assets owned by many individuals and businesses and as such, decisions made in relation to property assets can often have long-term financial and commercial effects for one’s real estate portfolio or business.

In order to achieve the commercial goal while mitigating risks, well-implemented strategy and technical expertise are vital.

The Property Team at Wentworth  Lawyers & Partners has significant expertise and skills in co-ordinating the legal technicality with commercial efficiency to ensure that all of our clients’ real estate requirements are met.

We advise both the public and private sectors (including developers, business operators, corporations, property owners, owners of shopping centres, government authorities, statutory authorities, builders, owners corporation) in all aspects of property law including:
 

  • Property Acquisition & Disposal – due diligence, structuring of acquisitions, corporate property portfolio divestments, investigation of title (restrictions, covenants, easements, pre-emptive rights and any encroachments), compliance with statutory regime, sale of rural land and associated water rights, environmental and heritage issues.

  • Easements & Covenants - 
creation, extinguishment and variation of easements or covenants, compulsory acquisition/extinguishment of easements pursuant to court order.

  • Retail, Residential & Commercial Developments – advice on domestic/foreign investment, site acquisition, planning, ownership structuring, construction, sub-division, resale contracts, by-laws, easements, put and call options and agreements with adjoining proprietors in connection with development issues including easements, shared facilities, boundary adjustments and ancillary arrangements. 

  • Commercial/Retail Leasing & Licensing – managing leasing portfolios, acting for both landlords and tenants of commercial/retail premises, hotels, liquor licensing, local/major shopping centres, commercial/industrial sites, car parking licences, advising on retail leases/ancillary agreements, regulatory regime under the Retail Leases Act 1994 (NSW) and enforcement proceedings.

 

  • Mortgagee in possession sales – acting for the financiers and mortgagees in possession in disposal of the mortgaged properties.

  • Property financing, Stamp duties, GST and other property based taxes

  • Real Estate Disputes – litigation, court proceedings, all forms of dispute resolution including arbitration, negotiation, mediation in relation to property issues and interpretation of clauses.

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