Transferring a property title is a significant part of formalising ownership and ensuring the details of a property transaction are correctly recorded. Whether the transfer relates to a sale, a family arrangement, or a change to existing ownership, understanding the SA-specific process helps avoid unnecessary delays and ensures the matter progresses smoothly. Understanding Property Title … Continued
Eckermann commercial property lawyers have a wealth of experience and expertise in all aspects of property development and property law, and in all types of property and business transactions.
Our team prides itself on its depth of property law knowledge, which ensures you receive timely and informed practical advice. Whether you are considering acquiring a large rural estate, leasing retail premises in a shopping centre or selling off-the-plan apartments in a mixed-use development, you can trust our commercial property lawyers.
Who do our commercial property lawyers serve?
The commercial property lawyers at Eckermanns act for all types of clients including ‘mum and dad’ investors, larger commercial developers and land holding entities and also a number of public authorities.
Large or small, every client at Eckermanns is treated with the same high level of personalised service that only a boutique legal firm can provide.
Why choose Eckermanns commercial property lawyers?
By choosing a property law firm with access to South Australia’s leading conveyancing firm, clients benefit from the added convenience of dealing with one group of local experts for all their property transaction and advice requirements.
Our expertise covers all aspects of property law, including:
- Commercial and rural property sales and acquisitions
- Commercial, industrial and retail leasing
- Building and construction
- Due diligence investigations
- Planning and environmental issues
- Land divisions, including both Community title and Torrens title
- Compulsory acquisitions
- Property taxes
- General property advice
Adverse Possession
Adverse Possession is commonly referred to as “squatters rights.” Every now and then, there will be publicity about cases where property owners have been negatively affected by Adverse Possession. Such cases are great fodder for tabloid front pages, however, for the property owner affected, it is not a matter to be taken lightly.
Adverse possession is a situation where a person is either occupying or in possession of land that is legally owned by another person. The occupant may acquire ownership and title to the land if a number of requirements are satisfied. It’s complicated and if you would like further advice on those requirements, contact Eckermann Lawyers for further details and information.
Building & Construction
Eckermann Lawyers work on many and varied matters relating to both residential and commercial building and construction.
We work closely with the developer community to help in all legal aspects necessary to make sure their projects happen.
Our involvement can comprise anything from contracts and risk management to assisting with financing, procurement and environmental and remediation aspects. We can also advise and assist on all matters including dispute resolution.
Contact Eckermann Lawyers for further details and information.
Retail & Commercial Leasing
In South Australia, retail shop leases are governed by the Retail and Commercial Leases Act 1995. The Eckermann Lawyers team can provide information and advice to clients related to the Act and its requirements.
Briefly, the key requirements under the Act are that:
- Leases must be for a minimum of five (5) years, including any options to renew.
- A landlord must provide a copy of a proposed lease to any prospective lessee (tenant), when negotiations begin.
- The lessor must also provide a disclosure statement before a lease is entered into or renewed.
- Within three months after the end of each accounting period during the term of the lease, the lessor must provide the lessee with a written report, prepared by a registered company auditor, containing a statement of all expenditure for outgoings for that accounting period where the lessee is required to contribute to those outgoings.
- Lessees in a shopping centre have a preferential right of renewal when their lease expires.
- When a lease is transferred, the continuing liability of a lessee who assigns a lease is limited to a maximum period of two (2) years.
Contact Eckermann Lawyers for further details and information about retail and commercial leases.
Community & Strata Land Divisions
Community & strata land divisions vary in popularity over time but remain attractive to many investors due to the greater returns that can be extracted from an initial investment. However, make some bad decisions and the land division process can be costly.
Compulsory Acquisitions
Eckermann Lawyers can provide advice to you on compulsory acquisition. Probably the first question you’ll have for us is how value is determined if your property is to be compulsorily acquired. We’ve included some information for you below regarding the principles of compensation.. If you would like to discuss your own situation, contact Eckermann Lawyers.
Contract & Form 1 Preparation
At Eckermanns we can assist with your contract & Form 1 preparation. A Form 1 is a statutory disclosure statement that a vendor (seller of land) is required to give to the purchaser of property in South Australia.
The Form 1 contains information about the land including but not limited to:
- Council rates
- Cooling off rights
- Encumbrances
- Easements
- Community or strata details applicable
- And much more…
This information is collated from the State Government, local council and the vendor.
The Form 1 must be complete and accurate when given to the purchaser.
Eckermann Lawyers can assist in the preparation of both Form 1s and Contracts of Sale in South Australia.
Contact Eckermann Lawyers for further details and information.
Commercial Property Conveyancing
As with any property transaction, seeking the advice of commercial property conveyancing experts is a must for commercial transactions. There are a number of important steps to ensure the process is trouble-free and meets all legal requirements. While most South Australians have experience in the purchase and sale of residential properties, experience in commercial transactions tends to be less frequent and a much more complex process requiring extensive due diligence.
Commercial property transactions generally involve a lengthier process than residential transactions – as a purchaser you need to give consideration to permitted land use, existing commercial leases over the property, land tax, zoning and other related matters. Additionally you’ll want to understand whether any encumbrances or environmental issues exist. This due diligence is crucial if the purchaser is to have full awareness of anything that might impact their ability to find a willing buyer in the future.
Contact Eckermann Lawyers for further details and information.
Encumbrances & Easements
The Eckermanns team deals with encumbrances and easements on behalf of their clients almost every day. In the simplest of terms, an easement gives an individual or a company (grantee), the right to use land owned by another party for a particular purpose. That might be for drains, water pipes, driveway access or provision of other essential services.
An encumbrance is the instrument by which any right, interest or other claim against land is registered on the title and affects the owner’s ability to sell the property.
Sounds complicated? Contact the commercial lawyers at Eckermanns for further details and information.
Property Development
Eckermann Lawyers work on an expansive variety of matters relating to both residential and commercial developments. The diversity of clients that Eckermann Lawyers work with means we have a breadth of experience covering the whole property development chain.
Our experience with developers, government (federal, state and local), large and small investors as well as institutions means we have a solid understanding of the challenges for all of the actors in the property development process. That breadth of understanding means we are able to navigate the process seamlessly.
Contact Eckermann Lawyers for further details and information.
Contact our commercial property lawyers today
So if you wish to speak to an experienced commercial property lawyer who can deliver experienced, personalised and cost effective legal services, then contact us at: 08 8366 7900 or via the form below.
- Legal Practitioner Director
Danny Nemer
- Director
Caderyn McEwen
- Director
Rachel Sprod
- Director
Jack Prance
- Associate Director
Holly Clarke
- Senior Contracts Lawyer
Mirella Angelino
- Senior Registered Conveyancer
Nicole Zeoli
- Senior Associate
Norik Avetisian
- Senior Associate
Denny Majoros
- Associate
George Pawa
- Solicitor
Caitlin Brooks
- Associate
Emma Murphy
- Solicitor
Tia Sciangalepore
- Solicitor
Lawson Clapton-Caputo
- Associate
Luca Vernillo
- Solicitor
Sophie Faull
- Law Clerk
Natalia Mitolo
- Law Clerk
Nina Corbo
- Law Clerk
Jakob Centofanti
- Office Manager
Sandra Williams
- Legal Administrator
Anna Trezise
- Legal Administrator
Madi Fatchen
- Legal Administration Assistant
Cartia Lanzoni
Frequently asked questions
When are the Assets Distributed?
Assets are distributed after the probate process is completed, which includes validating the Will, paying off any debts and taxes, and resolving any disputes. Once these steps are completed, the executor or administrator can distribute the remaining assets to the beneficiaries according to the Will or the laws of intestacy.
How Much Does Probate Cost in South Australia?
The cost of probate in South Australia can vary based on several factors, including the value of the estate and the complexity of the case. Costs may include court fees, legal fees, and other administrative expenses. It is advisable to consult with an Adelaide probate lawyer to get a clearer estimate of the costs involved.
How long will probate take?
The time taken for Probate in South Australia can depend on the complexity of the Will and the estate, whether all information required is readily available, and finally the time taken for the Probate Registry to process the application which may be dependent on workload.
When is probate not required?
If an estate does not contain real estate or if the estate assets are only modest in value, you may be able to deal with the estate without probate. For example, banks have their own policies as to what amounts they may release without a grant of probate. A common example of when probate is not usually required is where a deceased person held all their assets jointly with their surviving spouse.
A probate lawyer can assist you through obtaining probate for a Will and make the difficult process a lot smoother and easier in an already difficult time. The Supreme Court Probate Rules 2004 (“Probate Rules SA”) sets out the rules for making an application for probate.
Latest News
The South Australian property market is looking fairly solid for the start of 2026. Price growth across houses and units has eased from the highs of recent years, but it remains positive and well supported. Adelaide continued to be one of Australia’s standout markets through 2025, recording strong annual gains and setting new price benchmarks. … Continued
In January 2025, South Australia took a major step toward improving community safety with the commencement of the Automated External Defibrillators (Public Access) Act 2022. This landmark legislation aims to significantly increase the availability of Automated External Defibrillators (AEDs) in public spaces, key facilities, and certain vehicles. AEDs are life-saving devices designed to treat sudden … Continued
As the 2024/2025 financial year has now wrapped up, the South Australian property and conveyancing market has shown a mix of resilience and growth. According to the latest insights from Land Services SA, this year has seen a rise in overall activity, with several standout metrics that are shaping the landscape of property transactions across … Continued
