Land Tax: A State Government tax levied on the unimproved value of land and charged to landowners in Tasmania. 

Tenancy: A holding, as of land, by any kind of title, occupancy of land, a house or the like under a lease or on payment of rent. 

Tenant: A person who has occupancy rights of a property under an agreement with the property owner, usually in return for rent. 

Tenant and Landlord: The relationship of landlord and tenant is created (by words or writing such as a tenancy agreement; or by deed, such as a lease) when a tenant occupies the landlord's house or land subject to certain conditions such as the payment of rent. The phrase is used to denote the law applying to this relationship. In Tasmania, residential tenancies are governed by the Residential Tenancies Act 1997 in which landlords are re-defined as “property owners”. 

Tenants in Common: is where two or more persons have equal or disproportionate shares of the property. Each Tenant in Common has the use and occupation of the property and may deal with their definable interest by way of mortgage etc without the consent of the other. To deal with the property as a whole however the consent of all Tenants in Common is necessary. On the death of a Tenant in Common the land passess to that person's Beneficiares under the Will of Intestacy.

Tender: A method of selling where the property is offered for sale without a price. Buyers are invited to submit written offers prior to a specific closing date. 

Vendor's Terms This refers to instances when an owner is prepared to offer a buyer finance or other assistance such as staged payments to assist with the purchase of the property. 

Cromer & Partners Terms of Contract: are shown below to indicate the typical terms that apply to engagements. Alternative arrangements may be made upon request. All accounts are due on receipt by the client. GST is in addition.

CROMER & PARTNERS
TERMS OF CONTRACT

THE FOLLOWING IS THE BASIS ON WHICH FEES WILL BE LEVIED: ACCOUNTS ARE DUE AT THE TIME OF RENDERING

Account Claims are made under the Building and Construction Industry Security of Payments Act 2009.

Note any unintentional damage to underground services are the responsibility of the instructor. Dial Before You Dig requests should be made by the instructor if concerns are apparent re this clause.

1) SURVEYS NOT REQUIRING COUNCIL APPROVAL
time basis plus costs

2) ENGINEERING SURVEYS
time basis plus costs

3) SURVEYS REQUIRING COUNCIL APPROVAL
a) Search (billed on purchase and due then) and preparation of proposal – billed on lodgement with Council. Planning fees – subdivider is responsible for costs

b) Obtaining Council approval – time plus costs. Progress accounts

c) Final survey after Council approval – estimates given in writing if requested before commencement. Additional time and costs, exclusive of the above, by progress accounts. Balance time and costs accounted at time of issue of title or closure of file.

Detailed accounts are available upon request.
Interest will be charged at the same rate as the maximum overdraft rate fixed by the reserve bank plus 2% p.a. on all fees not paid within 14 days of rendering an account (without relieving the client the obligation to pay the account).

NOTE: We request that you contact this office if you have any queries relating to Professional Survey Fees. 
Please advise if 'others' are responsible for fees relating to your instructions. Estimates or quotes do not include GST unless stated. 

Please advise in writing at the time of instruction if you DO NOT want your file records destroyed after instruction completion.

Third party rights of Appeal: relates to the right of 'third parties', ie. those that are not directly involved in a development, having the right to appeal such a development. 

Time & Costs Outside an Estimate:

Sometimes, whilst dealing with a client and giving estimates of Fees the client then seeks advice outside of that covered by the initial instruction.

If the instruction is subsequently amended involving revisiting the legalities or other parameters involved in the survey this time and costs forms "Time & Costs Outside an Estimate".

For example, if after a client instructs the undertaking of a Remark Survey or the creation of an Easement by survey they then seek advice concerning easements in general or interpretation of same, then it is fair and reasonable to view this time as "Time & Costs Outside an Estimate". This additional time often involves time and costs generated due to discussions with solicitors and other Consultants or authorities.

These Time & Costs will form part of a Fees Variation Surcharge.

Title Deeds: The documents and instruments conferring or evidencing the title to land. They pass with the land under a conveyance except deeds relating to the part of the estate retained by the vendor(General Law Title).

In Other Words: means the documents and instruments held under general law or old system land conferring or evidencing title to the land.

The bundle of deeds pass from the vendor to the purchaser by conveyance upon settlement of sale of the land.

If only part of the land in a deed is being dealt with, the vendor retains the deeds, but grants the purchaser a covenant of production to ensure the root of title. 

Title Purchase You can purchase a copy of your title through us. We are a subcriber to the State Government LIST, available on the net. We can purchase your Certificate of Title, Schedule of Easements, Fieldnotes and Property Reports on your behalf.

We can provide this information over the net by e-mail or any other means and explain what your title means, what covenants are applicable and what easements relate, including Rights of Way.

This is an easy way to derive the information you need without the inconvenience of having to visit the Lands Titles Office.

Note that when you need a copy of your title for Building Applications etc a current copy is required...your solicitor or bank may only have file copies on record, often not a current copy.

TO PURCHASE please contact

Contact us for further advice in relation to these matters. 

Torrens Title: This is a colloquial name given to titles to land constituted by statutes, deriving its name from the late Sir Robert Torrens of South Australia, who was not the author of the scheme, but was the one who was able to put the scheme into effect. This method of dealing with titles has spread around the world. In essence, registration of ownership and dealings in land with a Government Department. An example of a Torrens Title to the right; The Description of the land describes the land with reference to a Survey Plan; the First Schedule specifies the registered owners name, the Second Schedule any reservations or conditions (benefiting or effecting easements included)

BE AWARE: Some titles look like a full Torrens Title; however, some are qualified with the words "Sketch By Way of Illustration". The Description of the land is not the subject of a registered survey, being an interpretation of old documents or conveyances that may or may not actually show what land is available. Such Titles DO NOT support Stratum Development.

In Other Words is the name given to the system of registration of land dealings made by governments in Australia and internationally.

A Torrens title is the paramount document of interests and ownership in land and is maintained by government as a single up to date and accurate recording. 

Transfer: The document transferring ownership from the registered owner to the new owner and registered by the Titles Office. 

Transfer: in relation to land means the passing of a legal estate from one person to another by gift or sale. The transfer is effected when the Recorder of Titles registers the purchaser’s details on the title.

SIMPLY:

Relates to the day to day change of ownership of land…a transfer of ownership.

HOW WE ASSIST:

We can direct you to the right professional to advise you and assist in preparing such a ‘transfer’. 

Transfer of Easement:

See Easement, Transfer of

Transmission: means the passing of an estate or interest in land upon the death, will, or bankruptcy of the land owner. The person acquiring the estate by transmission must make application to the Recorder of Titles, to be registered as the proprietor of the land.

SIMPLY:

The transfer of ownership from one person to another upon death, will or bankruptcy after application to the ‘Recorder’. 

HOW WE ASSIST: We can direct you to the right professional to advise you and assist in preparing such a ‘transmission’.