Riverside Settlements

27/11/2025

29/05/2019

The Dividing Fences Act 1961 (the Act)

A dividing fence, as defined in the Act, is a fence that separates the land of different owners whether the fence is on the common boundary of adjoining land or on a line other than the common boundary. A dividing fence does not include a retaining wall.
The Act does not apply to the Crown or to land used for public purposes such as roads and paths under the control of local governments. If your property adjoins such land you cannot compel a contribution to the cost of a fence however, you still need to comply with the guidelines as set out by your local government regarding a sufficient fence.
The Act provides that owners of adjoining lands are each liable to pay half the cost of erecting or repairing a 'sufficient fence' between their properties. The owner of a vacant block can defer making a contribution until that owner makes use of the block, typically by building on it.
If you wish to claim half the cost of erecting a fence and avoid any disputes over payment, you should approach the owner of the adjoining land to discuss your proposal and reach an agreement.
If you do not know the name and address of the adjoining owner, the rates section of your local government may provide this information, alternatively you may wish to arrange a land title search through Landgate.
An owner or owners of adjoining land are liable to pay even if they were not the owners of the land when the fence was constructed and no previous adjoining owners have paid a claim to the owner who erected the fence.

29/05/2019

A new age of conveyancing began on the 1 December 2018 with the introduction of PEXA (Property Exchange Australia) in Western Australia.

PEXA is an online property exchange that allows lawyers and conveyancers to electronically lodge Land Registry documents, and complete Financial Settlement. Financial Settlement is completed through a secure process involving the transfer of funds from source accounts via the Reserve Bank of Australia to destination accounts.

PEXA is an opportunity to perform property transactions in a faster, safer and more efficient way. PEXA provides fast access to cleared funds, greater certainty of successful settlement and removes the need to physically attend settlement.

27/08/2017

This weekend was the AICWA Conference. I attended on Saturday and it was a great day. We have many sponsors and it was great meeting them all. Our sponsors gave us information on how to keep our documents secure, how to keep our computer free from viruses that can lead to Fraud. Also, Electronic conveyancing which will be compulsory next year. The whole day was great, we have a chance to meet others conveyancers and many friends. The. Guest speakers were just amazing, and the venue was brilliant, The Convention Centre in Perth made the day awesome, with morning tea, lunch and afternoon tea.

09/01/2017

With the festive season behind us, many people are looking to move to a new property in the new year. There are several things you should do when purchasing a property:

It is your responsibility to make arrangements for connection of the power, gas and telephone service to the property. We cannot attend to those matters for you as they are 'occupier' agreements. We will however, notify the Local Authority, Water Corporation or alternative water supply authority (if applicable) of the change of ownership for the water meter to be read as close as possible to settlement date. With a small number of multistory Strata Units electricity and gas may be read and adjusted by the Strata Company but this will be clear on their response to our inquiry.

As far as insurance is concerned, the property is generally at your risk from the date of settlement OR possession date, i.e. the date from which you occupy the property, whichever is the earlier. With the exception of common insurance on strata title properties we cannot make insurance arrangements for you. Please arrange insurance for the building and your contents prior to settlement or possession date whichever comes first.

A majority of lenders will require to see, prior to settlement being arranged, adequate insurance cover in the form of the "Certificate of Currency". Please refer to your loan documents, which will normally outline insurance requirements. It is not a requirement to show your contents on this insurance, but the building must be adequately covered.

10/12/2016

Your right to inspect your property before settlement.

Your contract gives you the right to a final inspection of the property on one occasion within 5 business days before the settlement date or possession date. You should contact the real estate agent concerned and make arrangements to inspect the property to ensure that it is in the same state and condition as it was when you made your offer to purchase. If your contract has a condition which states that certain items are to be in working order at settlement or if it states that repairs are to be carried out by the Seller, you will need to check that these have been attended to satisfactorily and that the items mentioned are in fact working.

Try to have your final inspection as early as you can to allow for repairs etc to be completed before settlement should this be the case.

It is also good to remember that Clause 5 of the Joint Form of General Conditions which forms part of your contract states that the Seller must allow the Buyer access to the property on 1 (one) occasion within 5 business days of settlement or possession date, whichever comes first. The Seller does not have to give you access to the property a second time, even to check that repairs have been carried out. However, you may be accompanied by two persons on an inspection.

After settlement, if the property is the Seller's normal place of residence, the seller is entitled to stay in possession i.e. occupy the property, until 12.00 noon on the day following settlement. If the property is vacant, you can get the keys on the same day as settlement, after settlement has been effected.

31/10/2016

The Dividing Fences Act 1961 (the Act)

A dividing fence, as defined in the Act, is a fence that separates the land of different owners whether the fence is on the common boundary of adjoining land or on a line other than the common boundary. A dividing fence does not include a retaining wall.

The Act does not apply to the Crown or to land used for public purposes such as roads and paths under the control of local governments. If your property adjoins such land you cannot compel a contribution to the cost of a fence however, you still need to comply with the guidelines as set out by your local government regarding a sufficient fence.

The Act provides that owners of adjoining lands are each liable to pay half the cost of erecting or repairing a 'sufficient fence' between their properties. The owner of a vacant block can defer making a contribution until that owner makes use of the block, typically by building on it.

If you wish to claim half the cost of erecting a fence and avoid any disputes over payment, you should approach the owner of the adjoining land to discuss your proposal and reach an agreement.
If you do not know the name and address of the adjoining owner, the rates section of your local government may provide this information, alternatively you may wish to arrange a land title search through Landgate.

An owner or owners of adjoining land are liable to pay even if they were not the owners of the land when the fence was constructed and no previous adjoining owners have paid a claim to the owner who erected the fence.

18/10/2016

Buying or Selling a Heritage Listed Property?
HERITAGE IN AUSTRALIA

There are different levels of heritage listing in Australia - world, national, state/territory and local. At the highest level are places on the World Heritage List like Kakadu National Park and the Sydney Opera House, while on a local heritage list there might be a local nature reserve or the local Post Office.
The Heritage of Western Australia Act of 1991 was created to identify, conserve and promote places of cultural heritage significance. Many owners volunteer their properties for entry in the Register as Heritage listing can actually add value to a property.
In Western Australia a property listed in the Register of Heritage Places has been officially recognized by the State of Western Australia as having particular cultural significance to both the State and Local community.
Owners of heritage properties are custodians of our cultural heritage. Heritage listing assists in respecting, conserving and revitalizing heritage properties.
Commercial development of a Heritage listed site may be limited, however the Government will provide bonuses to offset any possible disadvantage to owners in most instances.
There is more than one type of Heritage Listings in W.A
1. Local Government Inventory
A Local Government Inventory (also known as a Municipal Inventory) is a list of places and structures which, in the opinion of the local government, are, or may become, of cultural heritage significance. Places listed in Local Government Inventory do not have legal protection. Only when places are protected under the local Town Planning Scheme
2. National Heritage Lists
3. National Trust (WA) Classification
4. State Register of Heritage Places
The State Register is a list of places given protection under the Heritage of Western Australia Act 1990. Registration of a place is official recognition of its cultural heritage significance to the State.
Australia's national heritage comprises exceptional natural and cultural places that contribute to Australia's national identity. National heritage defines the critical moments in our development as a nation and reflects achievements, joys and sorrows in the lives of Australians. It also encompasses those places that reveal the richness of Australia's extraordinarily diverse natural heritage.

02/10/2016

Old or poorly installed ceiling down lights are thought to cause at least one house fire every week in Western Australia. They can set fire to roof insulation or timbers which burn in the roof space above smoke alarms. These fires can go undetected until it is too late. When purchasing a property it is advisable to have a building inspection, which should highlight any problems with down lights. Once a problem has been found, these can usually be remedied before settlement.

A point worth noting: It is illegal to install your own down lights. You must use a licensed electrical contractor.

19/07/2016

With just one payment you could have peace of mind when you move into your new property. Go to the Stewart Title website or call Riverside Settlements to find out more.

15/06/2016

Certified Practicing Conveyancer

To become a CPC, a Licensed Settlement Agent must have completed the educational and practical training requirements to hold the certification, these include being a member of the Australian Institute of Conveyancers WA Division (AICWA), have a minimum of 3 years experience in practice as a conveyancer, minimum number of hours of Professional Development (above license requirements) and be accredited as a Certified Practicing Conveyancer by the Australian Institute of Conveyancers WA Division.

A Conveyancer must qualify annually to be entitled to use the CPC title and CPC logo and slogan on their stationery, advertising and web sites etc.

The CPC logo and brand is a way of recognizing a licensed conveyancer who is making the effort to keep up to date with developments in order to deliver the best service.

Your Certified Practicing Conveyancer is one of the very few property professionals who you can engage to act solely on your behalf.

Jan Bullen Dip Fin (Conveyancing) CPC