Selling Rural Property

When selling a rural property, there are a number of additional matters which need to be considered.

Selling Rural Property

When selling a rural property, there are a number of additional matters which need to be considered. Some examples of these include:

  1. What is the condition of the fences on the property? Are there any “give & take fences”?
  2. What is the position for the supply of electricity and telephone services to the property? Do any relevant Authorities have any infrastructure on the property?
  3. Plant & Equipment – You must carefully consider what plant & equipment you are to sell with the property.

Similarly in respect to livestock and/or crops.

It may be that when you are selling rural property you will also sell the plant & equipment and/or stock or crops in one line with the land or you may need a separate interdependent or non-interdependent Agreement/Contract.

  1. What are the improvements you are selling with the property, these may include:

(a)          Homestead

(b)          Workers accommodation

(c)           Various outbuildings

(d)          Water tanks, dams

(e)          Grain silos

(f)           Cattle yards

  1. Do you have any arrangements with third parties in respect to stocking of your property (e.g. Agistment Agreement) or cropping agreements (e.g. Share Farming Agreements)?
  2. What water is available on the property and is this licenced or un-licenced? For example:

(a)          Water Access Licences

(b)          Licence for a bore

(c)           Private water arrangements with surrounding properties

  1. Do any private or government organisations conduct any exploratory activities on the land, e.g. drilling, mining? If so, Compensation Agreements with those third parties may need to be entered into or assigned.

As you can see selling rural property needs to be carefully considered. Contact our rural property experts at jpeters@aitkenlawyers.com.au or cwhite@aitkenlawyers.com.au or on 02 8987 0000.