Property Law: Finalising Conveyancing Transaction Analysis Report

This report provides a detailed analysis of various aspects of conveyancing transactions and property law. It covers topics such as property classification, fixtures, real property, joint tenancy, and the implications of legal concepts like Caveat Venditor and the Sale of Land Act. The report examines scenarios involving property acquisition, legal solutions for fraudulent acts, breach of contract settlements, and the differences between fee simple estates and life tenancies. It explores restrictive covenants, stamp duty, and the rights of purchasers, including vendor disclosures and cool-off periods. Furthermore, the report analyzes the application of GST, land ownership systems, and the impact of mental incapacity on contracts, along with calculations for stamp duty and land registry fees. The report also includes an analysis of invoicing procedures within a firm.

Finalising The Conveyancing
Transaction

TABLE OF CONTENTS
1 Classification of the property..............................................................................................5
2 Real property Includes.........................................................................................................5
3 A chattel become a fixture to land.......................................................................................5
4 The Victorian government will acquire land and commonwealth will acquire land..........5
5 Authorities is suggested a refrigerator is likely to be..........................................................5
6 Property may be co-owned by more than 2 partners...........................................................5
7 Severing the joint tenancy...................................................................................................5
8 The word which determines the sever of joint tenancy.......................................................5
9 The death of one of a joint tenet than the property will transfer to.....................................5
10 Analysing the interest of B and C in the case....................................................................5
11 Ascertaining the requirement of factors which determines a pool as chattel....................5
12 Replacement and abolishment of the Estate Agent Licensing Authority..........................6
13 Advising Fiona a legal solution.........................................................................................6
14 Analysing the term Caveat Venditor.................................................................................6
15 Ruling DA.048..................................................................................................................6
16 Ascertaining the section 32 of the sale of Land Act 1962.................................................7
17 Analysing the settlement over the breach of contract.......................................................7
18 Advising Keiko on the life tenancy and estate fee simple.................................................7
19 Restrictive covenant can become an incorporated in title.................................................8
20 Advising the likelihood of the stamp duty under the Duties Act 2000.............................8
21 A license gives or grants the exclusive possession of land...............................................9
22. Unregistered mortgage of Torrens system land................................................................9
23. Pledge of goods is.............................................................................................................9
24 Lien of goods.....................................................................................................................9
25 Unregistered lease of land.................................................................................................9
26 Lease of land......................................................................................................................9
27 Bona fide purchaser...........................................................................................................9
28 Unconscionable mortgage of an estate..............................................................................9
29 Applicability of the Caveat Emptor..................................................................................9

30 The rights of a purchaser will be affected by the acceptance of title in accordance with the
section 27 and 32..................................................................................................................10
31 Determining the circumstances with the vendors statement...........................................10
32 vendor's insurance policy................................................................................................10
33 Tenancy at will................................................................................................................11
34 Landowner grants permission to another person to use the land.....................................11
35 Landlord allows tenant to enjoy the leasehold land........................................................11
36 Joint registered proprietors of an estate in fee simple.....................................................11
37 Joint tenant of an estate in fee simple for Harry and Sue................................................11
38 Pledger of a choice..........................................................................................................11
39 Techniques to avoid the stakeholder pending deposits in a private sale from co-operative
purchase and vendor ............................................................................................................11
40 Joint tenancy in fee simple will have impacts of stamp duty if the ownership passes to
another person......................................................................................................................12
41 Influence of the new transfer in defeating partition application......................................12
42 Advising Harry over the transactions for purchasing the apartment...............................13
43 Bringing up the action in the county court or Magistrates court which will be heard in the
VCAT...................................................................................................................................13
44 Obligation over the vendor in disclosing the carport built..............................................14
45 Requirement of the payment must be made by vendor of the mortgage settlement.......14
46 Discussion over vendor disclosures.................................................................................14
47 Cool-off of the purchaser in the relevant circumstances.................................................16
48 The transfer of property on the two titles........................................................................16
49 Requirement of the documents for the conversion to a transfer of title..........................17
50 Advices for not making the payments of GST and less payment in Stamp duty............17
51 The payment of the GST as lease on new warehouse.....................................................18
52 Determining the two system of land ownership..............................................................18
53 Parent Title......................................................................................................................18
54 Analysing the terms relevant with Legal personal representatives.................................18
55 Determining the 2 qualification of the general rules.......................................................19
56 Effects of Mental incapacity on a contract......................................................................19

57 Calculations for the stamp duty over the property costs.................................................19
58 Measuring the LTO lodgement fee on the following transfer.........................................19
59 Analysing land registry office fee on lodgement plans...................................................20
60 application of margin scheme on newly constructed flat................................................20
61 Analysing the difference among valid and void contract................................................20
62 .........................................................................................................................................20
W1 Analysing the policies and procedure of the invoicing in firm.....................................21
W2 Analysing the terms of the invoices payments..............................................................21
W3 Holding the client file for tax practitioner and conveyancing.......................................21
W4 Analysing the process of closing and archiving the files in the business......................22
REFERENCES..............................................................................................................................23

1 Classification of the property
D. Is a combination of reality and personality (Grafton and Wheeler, 2018)
2 Real property Includes
E. all of the above
3 A chattel become a fixture to land
D. When it is placed on land so that a reasonable person would expect it to remain and
become permanent (Schöttker and Wätzold, 2017)
4 The Victorian government will acquire land and commonwealth will acquire land
B. Th crown is properly represented by the commonwealth in consideration of the land.
5 Authorities is suggested a refrigerator is likely to be
B. A chattle
6 Property may be co-owned by more than 2 partners
A. Joint co-owners
7 Severing the joint tenancy.
D. When joint tenants become the tenants in common (Warren, Elliott and Staines, 2017)
8 The word which determines the sever of joint tenancy
D. the joint tenancy will be severed as if the partner said “ I herby rebut the common law
Presumptions”. (Blakeney, 2017)
9 The death of one of a joint tenet than the property will transfer to
C. it will automatically transfer to the surviving joint tenant without any influence of
external parties or laws.
10 Analysing the interest of B and C in the case
A. they will be Life tenant and joint tenant (Blakeney, 2017)
11 Ascertaining the requirement of factors which determines a pool as chattel
The 6x3x1 meter above ground pool will be denoted as a chattel because it will have
movability and mobility (Flynn, 2017). The chattel make its presences as per the weight which
placed on the ground. However, here the childproof fence will be considered as a chattel by the
court.

12 Replacement and abolishment of the Estate Agent Licensing Authority
The replacement and abolishments of the Estate Agent Licensing Authority is with the
Consumer Affairs Victoria.
13 Advising Fiona a legal solution
In relation with such kind of fraudulent act incurred in with Fiona she has to suit the case
in against the responsible party and claim the damages. On the other side the fee simple contract
assures that the person may acquire the land and van make the development as well as can utilise
the land for the long period. The unlimited duration of stay will be awarded here but the person
is bound that he cannot sold out such property (Bryan, Vann and Thomas, 2017). This the main
exception which is being awarded to them. Here. Rob and Rick were partners in the business and
Rick take advantage of Rob's absence and make the unlawful deal with Fiona. Thus, Rick has
incurred damages to both the parties such as Fiona and Rob. The consideration amount was
payable by Fiona was 650000 on which 400000 was the mortgage loan taken by her.
On the basis of such circumstances it can be said that, Fiona can claim and indefeasible
title because she is the Bona fide purchaser for the value and conditions implied with the
property without notice (Hayward, 2017). Therefore, in relation with such terms it will be duty of
the seller to tell everything and disclose every information which were relevant with such
transactions. However, in accordance with such terms and condition it will be determined that
she has rights to suit the case against the Rick and can claim damages from him.
14 Analysing the term Caveat Venditor
This is the Latin term which considers that the seller beware in making the contractual
agreement. Thus, this terms is counter to the terms Caveat emptor as it determines that the seller
can be deceived in the market transactions (Caveat Venditor Law and Legal Definition, 2016).
However, it forces the seller to take proper responsibility of the products which were to be sale to
the consumers need to be in good quality as well as they must receive the appropriate
consideration amount over it.
15 Ruling DA.048
In accordance with this ruling which determines that the applicant applied for the sale
which is on the concession of the off-the plan (DA-048, 2017). It also rectifies the changes in the
numbers of the consideration payable over it.

16 Ascertaining the section 32 of the sale of Land Act 1962
In accordance with the case the section 32J of Sale of Land Act will imply over it. There
is need to have appropriate documents which consists of information relevant with the authority.
These are the information which will going to be included in the certificate (Anderson, 2018).
17 Analysing the settlement over the breach of contract.
In relation with the case there will be breach of contract as the law says that, the property
will be in the same condition as if it was at the time of signing the contract of if the transaction
has been made (Monckton, Cavaye, Huth and Vink, 2017). On the other side, it can be said that,
there is need to have the prefect settlement of the issue as it is not the big issues which will
prevent a person to terminate the contractual contract. It will create the damages to everyone who
are in such contractual agreement.
18 Advising Keiko on the life tenancy and estate fee simple
Fee simple estate:
This is the technique which will be fruitful for an individual in terms with having the
most appropriate ownership over the land or property. In relation with the condition the owner
will have ownership over such property for the long or unlimited period which is out of any
restriction (Khorram, Ghasemi and Ergil, 2018). Therefore, the owner will have the ownership
only on the portion which is being acquired her him/ her. They can use the property at fullest and
as much as they can utilise it for their living or any operations.
Life tenancy:
This is the right which is given to a person to have the long term estate or stay at the
property. They are not liable to perform the sell of purchase of such property but they can be
tenant for the lifetime and for the maximum duration (Corey and et.al., 2017).
Advices to Keiko:
In accordance with both the terms it can be said that, Keiko has won the property as the
fee estate on the lottery thus, she has the legal rights to acquire the property on here name on the
basis of fee estate (Beach-Drummond, Main Grade Assets LLC, 2017). Moreover, she can leave
the life tenancy and has the adequate approval of the fee estate on which she can make repair,
maintenance and utilise such property for the personal interest.

19 Restrictive covenant can become an incorporated in title
This is a legal written agreement which will be in between the land owners which
determines the private treaty over the property. Therefore, it limits that the land can be used and
developed. Here, the planning system is only involved in removing the application and vary a
covenant, government and council does not have interaction which will enforce them. However,
they have their personal rights over the property and they can make the adequate development in
the property (Callele, 2017). It will be helpful as it improves the value of such property.
Moreover, in relation with the case it can be said that, Murakami as right to make the
construction in accordance with such consequences as well as rights facilitated to the covenant.
20 Advising the likelihood of the stamp duty under the Duties Act 2000
In accordance with the case William's mum has received the 100000 for her first firsts
which will be transferred to William when he reaches the 21 of the age. However, at the time of
such transactions William was 112 years old and these regards his mum purchase an Ivanhoe
Manor and such land was registers on her name. Therefore, after the completion of the 9 years
the rate of such property has been increased from 100,000 to 1,000,000. Thus, it can be said that
the first contract was signed for the 100,000 of the amount which are as a gift to the William
while the further transaction has lead the changes in the value. Thus, it can be treated as the
investment made by William's mum in the property which has the gained that much amount.
However, here the property with benefits will be transferred on William's name. Moreover, in
accordance with the stamp duty terms under the duty act 2000 it will be determined as:
Stamp duty : The collection of stamp duty in Victoria is with the help of State Revenue
Office on which the state imposes the taxes on the stamp duty. However, such tax collection is
totally different form the income tax. However, it will be charged from the individual in terms of
selling of transferring of the land ownership from one person to another. However, it can be said
that William has to make the payment of stamp duty as per the current tax rate over such
transactions (Kingston and Oke-Chinda, 2017). A part from this he will have such property as
the gift on which will he will not being liable to make taxable payments in the income tax. Thus,
such transactional activities will be exempted in the income tax payments while it will be
chargeable and taxable in making the stamp duty payments.

21 A license gives or grants the exclusive possession of land
A. never, a license will never grant or gives the possession of land.
22. Unregistered mortgage of Torrens system land
C. equitable interest.
23. Pledge of goods is
C. the storing of goods is denoted as Pledge of goods (Ginsburg, Levin and Rocap, 2017)
24 Lien of goods
B. when the true owner takes Possession
25 Unregistered lease of land
A. It does not create a landlord and tenant relationship
26 Lease of land
C. it must be completely written and sealed
27 Bona fide purchaser
A. A Bona Fide Purchaser is bound to have the concrete notice which determines his
interest in the property
28 Unconscionable mortgage of an estate
B. It allows the mortgagor to recover the damages only from the mortgagee.
29 Applicability of the Caveat Emptor
The terms and condition implied with the Caveat Emptor it can be said that before
making any contractual agreement the buyer beware of all circumstances and condition implies
with such transactions. Thus, in this case there will be no rights allowed to Rod in relation with
suite a case in against the government for not notifying him. Therefore, in relation with the
conditions implied with Caveat Emptor it can be said that, there are full rights to the government
in terms with making interfere (Yamamoto and Takamoto, Seiko Epson Corp, 2017). Here, the
Municipal corporation has the valid document and approval in terms with the road widening
schemes thus, the area of parking lot will be come under the such activity. Thus, Rod does not
have any rights and regulation to claim or suit a case against such operations. It is because the
government made operational activities which is based on public welfare and wealth
maximisation of the society. Thus, in relations with such operations it can be said that, nobody

can claim the damages instead of it the government make payments to the person over the
acquisition of the land.
30 The rights of a purchaser will be affected by the acceptance of title in accordance with the
section 27 and 32
By considering the factors which affect the acceptance of title through these two section
on which one person is not liable to purchase or sale the land or any property without the grants
from the law.
Section 27: In accordance with this section the party pay a down payment and initial
deposit over the property. However, such amount is being hold by the agents who are acting as
the mediator or conveyancer to paying in to the vendor (Hurdle, 2017). Thus, such amount will
be payable by them as their fees of legal approval from court reached to them. Therefore, in such
circumstances it abounded the transactions as well as restrict the purchase and sell of the
property for the while.
Section 32: This is a legal document which was being prepared by the vendor in relation
with making the sale of the property. It will be provided by the seller to the purchaser of such
property before the signatures made over the contractual agreements (Colby, 2017). It consisted
of all the details such as the amount of considerations will be payable by the purchaser, the legal
vendors of the assets as well as the time and date of the contract will be made by them. Thus, to
facilitate such kinds of information to the seller will have the legal approval in proceeding the
transactions. If the seller failed to inform the purchaser all the details the purchaser can terminate
the contract.
31 Determining the circumstances with the vendors statement
The vendors statements in accordance with the section 32 which states that, the seller
must prepare the legal documented which will be consists of all the informations such as size of
the property (Wheeler and et.al., 2017).
32 vendor's insurance policy
In relation with the sale of land act 1962, the vendor's insurance policy determines that if
the person wanted to sale his/her land than the insurance made over such property will
automatically transfer to the new vendor. Therefore, the advantages of over the property will be

transferred to the new vendor and any damage took place will be resolved and analysed by the
new purchaser.
33 Tenancy at will
C. a tenancy at will is a lease which is contentiously with the mere consent of the
landlord.
34 Landowner grants permission to another person to use the land
A. There is need for exclusive possession is granted by the right to use and a lease is
created.
35 Landlord allows tenant to enjoy the leasehold land
C. Here, the landlord must carry out all the essential repairs and maintenance as it will be
required over the property.
36 Joint registered proprietors of an estate in fee simple
C. Here, Sue and Harry can become the tenant in common in equal of unequal
proportionate of shares.
37 Joint tenant of an estate in fee simple for Harry and Sue
B. The joint tenants have the opportunities to share the equitable interest legally.
38 Pledger of a choice
D. it passes the possession to pledgee with a right to redeem the debt within a previously
agreed for.
39 Techniques to avoid the stakeholder pending deposits in a private sale from co-operative
purchase and vendor
In accordance with the term deposits it can be said that it acts as two things. It indicates
the purchaser to undertake the bargain and it is the security amount which will be helpful in
performing the contract. In a conveyancing transactions it can be said that there are various
transactions which will be effective in terms of obtaining the purchase price from the complete
transactions (Khorram, Ghasemi and Ergil, 2018). However, in some circumstance if the dealer
does not proceed the deposits on which a purchaser might become able to recover the deposits
under section 55A of the conveyancing Act. Thus, in this regard there two techniques to avoid
such obstacles such as:

 There is need to organise and attend the meetings for the accurate settlement over such
contract.
 There is need to make contribution in the costs of making the adequate settlement in
analysing the title.
In addition, it can be said that, the term which helps in making the contract proceed
without making whole payment at beginning the deposits were made (Corey and et.al., 2017).
Thus, it can be treated as a security amount to such transactions which will be helpful to the
seller. Therefore, sometimes people took advantages of such deposits schemes as they delay in
making the payments which abounded the payments over the transactions.
40 Joint tenancy in fee simple will have impacts of stamp duty if the ownership passes to another
person.
In relation with estate in fee simple which determines that a person will have the freehold
estate in a property. Thus, that person can use the property for as much as they want which will
be beneficial for such people in terms of acquiring such land and property for their person
benefits. Thus, in accordance with the case of Sue and Sal it has been analysed that both were the
joint tenant in the fee simple estate (Beach-Drummond, Main Grade Assets LLC, 2017).
Therefore, they have acquired the equal right over the property. The condition implies with this
term is that if one of the join tenant will die the ownership of the whole property will
automatically transfer on another person's name.
Thus, here Sue had proposed to transfer the ownership of her own part to Harry. Thus,
the transaction will have influence of Stamp duty. However, the transfer of the title of this
property will require the surcharge of stamp duty as it is not tax free (Callele, 2017). In relation
with the further operations it can be said that Harry will become the join tenant on the same
possession as Sue was and have all the rights over the property as the Sal has. The transaction
took place only after the agreement of the other join tenants and the positive repose of them.
Therefore, Sal do not have any obligation over this transaction as it will be proceed.
41 Influence of the new transfer in defeating partition application.
The new transfer of the ownership will have impacts over the partition. Thus, there will
be no such impacts of this transaction over the participation process. Thus, it can be said that, the