July 2018

Are You Aware Of Land Laws Which Apply To You?

Like most of the countries in this side of the world, Australia was also a colony of the Great Britain. The Great Britainwas then known as the empire in which the sun doesn’t set; meaning it had so many countries under it that when sun set in one country another country had it rising. Due to colonization so many things were inherited by the colonies. Law is one of them. English law is known as “common law”. Many countries such as USA, Canada, India, Sri Lanka and South Africa have inherited this as part of their own laws.

Land law- principle of “personality”

Land law is an important arm of any legal system in any country. During ancient times, it was held that the king or the queen owned all the “land”, in the sense, they owned the country. This same principle,-even though there was no actual kind present physically-was applied to English colonies. Therefore Australia experienced the same situation in the olden times. Their land law is based on feudalism, taking after their emperor’s land. In Common law, property, especially land is known as a “person” or immovable. When you own a land or a house, it comes with “yourself”. Laws could differ from state to state, therefore it is always important to have lawyers in Melbourne employed to take care of your property.

Peripheral laws

Although Commonwealth laws apply to Australian land law that is not only what is relevant here. Australian land law comprises of statutes specific to each state, such as NSW (New South Wales), Victoria and so on, and native rights and regulations. If you are living in an area where these might be applicable to you, you’d want to check on Aboriginal Land Rights (Northern Territory) Act 1976 and Native Title Act 1993. Under decrees for property, comes leasing and selling of lands. Therefore one must be aware of Retail Leases Act and Sale of Land Act.

Inheritance

Land laws almost always encompass all sort property such as houses and buildings. Under Common Law of course they include “you” as a personality. These various statutes specifically mention inheritance guidelines. Whilst an independent owner of a property can give it away the way they like, if you “own” a native land, or an area categorized under environmental concerns it might not be able to be resold or divided further than it is now. So if you are hoping to write your estate to your two children, first consult wills and estates lawyers to see how possible it is in actuality. Legal matters go way above our heads most of the time. However not knowing the basics can be nasty; especially if your children or heirs have to deal with things when you are gone.