There are some unique differences in dealing with Crown land as opposed to private (freehold) land which real estate agents, conveyancers and solicitors should be aware of, such as:
- issue of a Land Grant vs Transfer of a Title
- Crown land plan of divisions and special exemptions
- application of Regulated fees and Stamp Duty
- native title implications
- Crown licences associated with private land e.g. pump and pipeline licences
- existing improvements
- structures encroaching on adjoining Crown land.
Property professionals should advise their clients of their legal obligations under any existing Crown land tenure arrangement, including unauthorised structures occupying Crown land.
Adjoining private (freehold) owners should be counselled to ensure authorisation for the occupation of adjoining Crown land is sought from the department prior to selling their private property.
It is highly recommended that property professionals undertake thorough searches when dealing with property and land which involves or adjoins Crown land and is particularly important for waterfront land and rural properties.
Any Crown land transaction documents which require registration in the Lands Titles Office are prepared by the Crown Lands Conveyancer.