PROPERTY
We provide a diverse range of transactional and advisory services to clients involved in industrial, commercial and residential property and rural land matters.
Mangioni Biggs + Co provides transactional and advisory services to clients involved in the finance, development, sale and leasing of industrial property, commercial property (including offices), residential property (including vacant land, apartments and houses), and rural land (including working farms).
Our areas of expertise include:
GENERAL PROPERTY TRANSACTIONS
Our team has expertise in a diverse range of commercial property transactions, including:
- Property acquisitions and sales
- Development and construction ventures
- Commercial leasing
- Project finance
Our lawyers have experience with all types of titles, including:
- Old system titles (common in rural properties)
- Qualified titles (occasionally relevant in older inner city suburbs)
- Torrens titles, strata titles, and strata leaseholds (common around Circular Quay and The Rocks)
PROPERTY DEVELOPMENT TRANSACTIONS
Our property team regularly advises developer clients on the structuring, negotiation, drafting and management of site acquisition, development, construction and sale agreements, including off the plan sales. We work collaboratively with our clients to implement legal solutions to minimise risks and to maximise returns from a development project. Our property development experience spans residential, mixed-use, commercial (including office), industrial and retail developments.
PROPERTY ACQUISITIONS + SALES
The lawyers in our property team advise on all legal aspects of the acquisition and sale process, including acquisition structuring, finance, legal documentation, due diligence, stamp duty, planning and regulatory requirements.
Our team has extensive knowledge of the commercial and residential property markets, and can advise on the establishment of sophisticated property investment structures, including investment syndicates, trusts and joint ventures.
Our lawyers are experienced in transactions involving residential, commercial (including office), industrial and rural properties, as well as specialised acquisitions such as shopping centres and retail premises, and the purchase of residential rights in retirement villages, aged care facilities and disability residential care facilities.
Our lawyers also have experience in various land use licensing regimes (including liquor licensing for hotels, restaurants, etc.).
BUSINESS SALES + PURCHASES
Our property team has a particular focus on commercial property transactions that include a business, such as sales and purchases of hotels other businesses which include the transfer of real property interests.
These transactions require particular expertise as they usually involve consideration of the interaction between the property and business assets, an understanding of underlying trusts and will often require knowledge of adjacent legislation such as the Liquor Act 2007 and the Fair Work Act 2009.
PROPERTY INTERESTS
Our property team is particularly skilled in providing advice in respect of property interests such as easements, covenants, restrictions on use and profit a prendre.
We provide advice as to the impact of existing interests and assist in the drafting and negotiation of the creation of new interests.
We frequently advise on complex property related matters such as stamp duty, land tax and landholder duty.
We prepare co-ownership agreements and other transactional documents such as inter-family transfers of property and loan agreements.
PROPERTY DISPUTES
Our work includes advising and on acting in property disputes, including proceedings between neighbours regarding easements, fences and access as well as leasing and caveats. We act in litigated real property matters including applications pursuant to Section 88K (acquisition of easements), and Section 66G (appointment of trustees for sale) and disputes arising out of contracts for sale of land.
COMMERCIAL LEASING
We advise individuals, companies, partnerships, developers and financiers on all aspects of residential, commercial (including office), industrial and infrastructure leasing projects. Our team is vastly experienced in the negotiation, preparation and enforcement of all types of commercial, industrial and retail tenancy documents.
PROJECT FINANCE
Our lawyers have expertise in representing both lenders and borrowers in a wide range of property related finance transactions. They understand the commercial and residential property markets and have decades of experience in negotiating these sorts of transactions. They also have experience in taking, registering and enforcing collateral securities (including under the Personal Property & Securities Act legislation).
HOTEL TRANSACTIONS
Our lawyers have specialist expertise in the sale and purchase of hotels, which usually encompass both a freehold property transaction and a business component. They can assist with all facets of these often complex transactions, including due diligence, and contract preparation and review, through to exchange and settlement, as well as interactions with the ILGA (the Independent Liquor & Gaming Authority), and the transfer of hotel licences. Our team can also assist with other aspects of liquor licence transactions, including the sale and purchase of gaming machine entitlements, and the variation of existing licences.