Programme overview
Introduction:
Property deals fail in court more often than in the market: a defective title surfaces after completion, an unrecorded easement blocks access, off-plan buyer money leaves escrow too early, or a lease cannot be enforced against a defaulting tenant. This Core Concept course in real estate law and property transactions gives legal, compliance and brokerage teams a working method for reading title, testing a sale file, drafting enforceable terms and resolving property disputes. Participants produce a Property Transaction Legal Due Diligence Report and Title Risk Register for a disputed mixed-use acquisition.
Course Objectives:
- Classify ownership rights, estates and third-party interests in land and explain how each is created, transferred and extinguished
- Verify title under deeds-registration and title-by-registration systems and trace priority between competing registered and unregistered interests
- Conduct legal due diligence on a property sale and draft protective terms in sale and purchase agreements, including conditions, warranties and completion mechanics
- Apply legal controls to off-plan sales, escrow account releases, brokerage mandates and jointly owned buildings to protect buyers, developers and intermediaries
- Assess lease enforceability, rent recovery and lawful eviction routes and anticipate the transaction tax consequences of a property transfer
- Select a dispute resolution route for a property conflict and prepare a legal due diligence report and title risk register that supports a transaction decision
Target Audience:
- In-house legal staff who advise on property acquisitions, disposals and leasing
- Compliance teams in developers who control off-plan sales, escrow and buyer contracts
- Brokerage managers who supervise agency mandates, listings and client money
- Property and portfolio managers who handle tenant defaults, recoveries and eviction files
- Contract and conveyancing staff who prepare sale files and registration submissions
- Owners association and community managers who apply governing rules in jointly owned buildings
Course Outline:
Day 1: Property Rights, Estates and Interests in Land
- Bundle of Rights Model: Use, Exclusion, Transfer and Encumbrance
- Freehold, Leasehold and Life Interest Estates Compared
- Registered Charges, Mortgages and Liens as Third-Party Interests
- Co-Ownership Forms: Joint Tenancy, Tenancy in Common and Inheritance Shares
- Land Use Zoning, Building Permits and Expropriation Principles
Day 2: Registration and Title Systems, Easements and Jointly Owned Property
- Deeds Registration Versus the Torrens Title-by-Registration System
- Title Search Procedure, Chain of Title and Priority Rules
- Easement Creation: Express Grant, Implication, Necessity and Prescription
- Strata Title Structure: Unit Entitlement, Common Property and Registered By-Laws
- Owners Association Legal Powers, Levy Enforcement and Voting Thresholds
Day 3: Sale and Purchase Agreements, Due Diligence and Brokerage
- Legal Due Diligence Checklist: Title, Encumbrances, Permits and Occupancy
- Sale and Purchase Agreement Clauses: Conditions Precedent, Warranties and Completion
- Deposit, Transfer of Risk and Registration of Transfer Procedure
- Brokerage Licensing, Agency Mandate Terms and Commission Entitlement
- Transaction Tax Overview: Transfer Tax, Value-Added Tax and Registration Fees
Day 4: Off-Plan Sales, Escrow, Leasing Disputes and Enforcement
- Off-Plan Sale Contract Terms: Payment Milestones, Delay and Specification Change
- Escrow Account Structure, Milestone Release Controls and Buyer Refund Triggers
- Lease Contract Enforceability: Registration, Rent Increase Limits and Renewal Rights
- Rent Arrears Recovery and Lawful Eviction Procedure with Notice Requirements
- Property Dispute Resolution Routes: Negotiation, Mediation, Arbitration and Specialist Courts
Day 5: Case Study: Legal Due Diligence Report and Title Risk Register
- Case Pack Review: Disputed Mixed-Use Acquisition with Off-Plan Units
- Title Defect and Encumbrance Findings Log
- Protective Clause Redraft for the Sale and Purchase Agreement
- Title Risk Register with Likelihood, Impact and Legal Remedy
- Due Diligence Report Presentation and Legal Panel Challenge
Skills You Will Gain:
- Title Verification
- Encumbrance Analysis
- Easement Rights Assessment
- Sale Agreement Drafting
- Escrow Release Control
- Lease Enforcement
- Brokerage Mandate Review
- Property Dispute Strategy
Why Attend This Course:
- Return with a Property Transaction Legal Due Diligence Report and Title Risk Register tested against a disputed acquisition case
- Spot the title defects, hidden easements and unregistered interests that derail completion before money changes hands
- Protect buyer payments and developer cash flow with escrow release controls and off-plan terms that hold up under challenge
- Compare real estate law practice with peers from developers, brokerages, landlords and law departments across residential and commercial property
Conclusion:
Property transactions stand or fall on the strength of title, the clarity of contract terms and the route available when a party defaults. The course moves from ownership rights and estates, through registration systems, easements and jointly owned property, to sale agreements, due diligence, brokerage and transaction taxes, then to off-plan sales, escrow, lease enforcement and dispute resolution. The final day applies these rules to a disputed acquisition and produces a Property Transaction Legal Due Diligence Report and Title Risk Register ready for the next deal.