A common question is whether the sale by a mortgagee exercising power of sale will extinguish all subsequent encumbrances when the transfer is registered.

In particular, will all caveats be removed on registration of the Transfer by the Mortgagee Exercising Power of Sale?

Most people know that a contract for the sale of land in New South Wales must generally contain a copy of the title documents, drainage and sewerage diagram and a planning certificate (section 10.7) issued by the local council. 

Fixtures refer to items that transition from being personal property (a chattel) to becoming part of the real property through attachment. This distinction is critical for anyone buying or selling property, as it influences rights and expectations. In this article, we aim to clarify the concept of fixtures, providing valuable insights for those navigating the complexities of property law. 

Holman Webb is pleased to announce that eleven lawyers have been included in the 2024 Edition of The Best Lawyers in Australia, and Best Lawyers: Ones to Watch in Australia. Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. 

As a lawyer primarily focused on Property and Financial matters, clients often ask me: what's better - a bank guarantee or a security bond?  

As with many questions posed by clients, the answer is entirely dependent on who is asking - and in turn, their individual circumstances. 

Let's take a look at the differences.

In EPISODE 2 of Holman Webb's Legal Lockdown series, Chief Marketing and Corporate Relations Officer Adriana Giometti is joined by Tal Williams, Partner within the firm's Business, Corporate and Commercial team, to discuss a range of issues currently facing both commercial and residential tenants.

Many properties are either burdened or benefited by easements - but what is an easement, and what does it mean if your property is the subject of an easement?