CURRENT NEWSLETTER - March 2008


There was a great response to our newsletter last month, we are pleased you enjoyed the 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.

Have you wondered how the process of land valuation is carried out…..then read on. We have included information for New South Wales, Queensland and Victoria.

VALUATION OF LAND PROCESS

New South Wales

Valuations undertaken on behalf of the Valuer General for rating and taxing purposes are made under the Valuations of Land Act 1916. These refer to land value only, not including the value of the home or other improvements. The land value does not generally reflect the full sale price that could be obtained for the property.

Most land in NSW is valued using mass valuation, where properties are placed together and valued in groups called components. The properties in each component are similar or are likely to change in value in a similar way. Within each component, at least one representative property is valued individually each year to measure how much the value has changed from the previous year. The change in value is then applied to all properties within the component to determine their new value. Valuers will inspect and analyse a large number of sales in a locality to gain in-depth understanding of what is happening in the real estate market, and the valuers use this information and their expertise to value the representative property.

Where mass valuation is not appropriate, valuers will individually value the property. When comparing property sales to the land being valued the valuer will take into consideration the location of the land, the soil type and land surface (such as slope), town planning controls and constraints on use (such as heritage restrictions), any rights connected with ownership of the land (such as water rights), the land size and shape and nearby development and amenities (such as parks, views, public transport and busy roads).

For further information visit www.lands.nsw.gov.au/valuation/land_valuation_process

Queensland

Each year the Department of Natural Resources and Water (NRW) provides land values in Queensland. A valuation is an assessment of the value of a property in its unimproved condition – i.e. its natural state, without improvements such as houses, fencing, piping and levelling.

NRW uses a number of criteria to determine whether a local government will receive new valuations. Examples include market movement and the length of time since the last valuation was carried out. Valuations came into effect on 30 June 2007. Where local government areas have not been valued, the existing valuations will remain current.

The unimproved value is the amount the land could be expected to sell for in its natural state, but takes into account local amenities such as shops, public transport and schools. A registered valuer inspects relevant property sales as provided by the titles office and determines new valuation amounts. These are then used to value other properties in the local government area. Property owners are required to notify NRW of land sale details. This information is lodged with the titles office when the transfer is registered.

For more information visit
www.nrw.qld.gov.au/property/valuations/index.html

Victoria

Rating Authority Valuations (RAV) section within Valuer-General Victoria (VGV) is responsible for setting of valuation standards for municipal rating and land tax valuations throughout Victoria. This includes the provision of a wide range of valuations functions, in accordance with the provisions of the Valuation of Land Act 1960 and the Local Government Act 1958.

A property tax based on valuation reflects both a measure of the benefit of services to each property and the unencumbered capacity of that property (not the ability of the owner) to bear the sharing of the community costs represented by the rate or tax. When all properties are re-valued, changes in valuation do not in themselves signify corresponding chanages in the rates payable. The purpose of regular property revaluation is to maintain market relativity between the properties so that the rates can be equitably distributed.

To assess the value of a property, a valuer must have a thorough knowledge of the property market particularly sales and rentals of comparable properties. In addition, the valuer must understand and apply the provisions of the Valuation of Land Act and associated case law. Councils are required to be notified of property sales and information is obtained from owners and tenants on rentals and expenses. A valuer has the statutory powers to enter any property and may request any information “at any reasonable time” which will assist to make a true and correct valuation.

For more information visit
www.land.vic.gov.au/Land/lcnlc2.nsf/childdocs

RECENT HIGH COURT DECISION - WHAT'S NEW


A decision handed down by the High Court on 01 August 2007 in Black v Garnock [2007] HCA 31 has had an impact on conveyancing practice. The majority held that a prior unregistered equitable interest in a property was defeated by a subsequently registered writ for the levy of the property. It is now clear that, in some cases, it is prudent conveyancing practice for practitioners first, to lodge a caveat upon exchange of contracts, and second, to ensure that a final search of the Land and Property Information Register is completed at the time of settlement.

The facts of the case are too lengthy to set out in this newsletter, however the NSW Law Society’s Property Law Committee believes the decision raises important practical issues such as the protection of purchasers between exchange and registration, the timing of final searches, the venue for settlement and the benefits of prompt registration of dealings.

Whether or not a purchaser should lodge a caveat following exchange of contracts is a decision that will need to be made after consultation with your legal adviser as to whether the purchaser’s position needs to be protected between the time of exchange and completion.

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 : Identity fraud : How do you verify a person’s identity in a transaction affecting land?

OUR THOUGHT FOR THE MONTH

“We make a living from what we get,
but we make a life from what we give”

 
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