CURRENT NEWSLETTER - April 2008


Thank you again for your response to our March newsletter, we are pleased you find the articles interesting to read. If there are any topics of interest you wish to see in our newsletter, please email us on the Contact Us page, and we will do our best to include the relevant topic.

We have a variety of articles for you this month, starting with identity fraud.

IDENTITY FRAUD


In any transaction affecting land, be it a sale or a purchase or establishing a mortgage over land, it is important to confirm the identity of the parties involved in the transaction. To ensure you don’t become a victim of identity fraud when dealing with land, it is recommended that stringent processes be adopted in verifying the identity of person(s) claiming a right to deal with the land.

How do I verify a person’s identity?

Ask to see at least three documents, one of which should include both photo identification and the person’s signature. The documents should be originals: do not accept photocopies or faxed documents as proof of identity.

Possession of a Certificate of Title for a parcel of land is not of itself sufficient to prove that a person is the owner of that land or is otherwise entitled to deal with it. The increasing incidence of identity theft and associated fraud, including mortgage fraud means that all parties to land transactions and their agents must exercise due diligence in verifying the identity of persons claiming a right to deal in land.

More information about identity theft and strategies for limiting its impact is available from the Australian Crime Commission www.crimecommission.gov.au/html/pg_publications.html  

CAVEATS, COVENANTS and EASEMENTS


A caveat is a document that any person with a legal interest in a property can lodge with the relevant State Registry Office. After registration, a caveat note appears on the title giving prospective buyers notice that a third party might have rights over the property.

A covenant is a written agreement between the seller and purchaser of a piece of land restricting what the land can be used for. For example, restricting the type of building material the purchaser can use.

An easement is a right held by someone to use land belonging to someone else for a specific purpose. Common examples of easements are drainage, water pipe and carriageway easements.
www.dpi.vic.gov.au  

RIGHTS OF WAY


If a neighbour has a right of way across land it means that persons can pass over that piece of land freely. The right of way does not continue when the land is transferred to a new owner unless it is registered on the Certificate of Title of the land. Normally the right cannot be ended unless all the parties involved agree. Sometimes a neighbour uses land for a long period (for example, a shortcut) but there is no legal agreement. At any time the owner of the land can stop the neighbour using the land.

Re Gohl v Hender [1930] SASR 158. An owner erected a gate on a driveway over which his neighbour had an unrestricted right of way. The gate was easily opened and closed so the court said it was not an unreasonable restriction as long as access was allowed at reasonable points.
www.lawhandbook.sa.gov.au  

Launch Gift Extension


WE HAVE DECIDED TO EXTEND OUR SPECIAL LAUNCH
GIFT UNTIL 30 APRIL 2008 – WOW !!

For all new clients to Oz Legals 4 You we offer a discount of 10%
($85.00 - $95.00) off your legal costs (buying or selling)

If you use the services of Oz Homes 4 You to list or purchase your home
We offer another discount of 5% ($45.00 - $55.00)

An additional discount of 5% ($45.00 - $55.00) is offered
If you use the services of other Team Oz members

Can you afford not to use the services of Team Oz?
Contact us today….this offer can’t last!!
If you’re not currently in the market for buying or selling,
Tell a friend who is

*These discounts are exclusive of GST and expire on 30 April 2008.

NEXT MONTH : Boundary location and Retaining Walls : If a river or stream runs between two properties, where is the boundary?

OUR THOUGHT FOR THE MONTH

“If you miss an opportunity, do not cloud your eyes with tears. Keep your vision clear so that you will not miss the next one.”

 
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