By Adam Richards | 16 Jan 2024

Navigating Property Negotiations and Learnings from Experience

In the complex landscape of site identification and property negotiations, experience often serves as a guide, highlighting the details that can make or break a deal. Our varied experience ensures we identify constraints and requirements early on in the site identification process, avoiding painful and costly delays.

Below we share some crucial learnings, shedding light on the complexities that are often overlooked.

The presence of native title claims, especially concerning crown land and road reserves, can prove to be a pivotal yet overlooked aspect. Overlooking native title claims can stall negotiations and lead to unforeseen hurdles. We ensure any claims are identified and considered as early as possible in the site selection process.

Easement requirements have led negotiations astray, with false assumptions and inadequate comprehension disrupting agreements. Through our experience, we’ve learned that delving deep into easement intricacies is vital, preventing future complications and ensuring clarity for all involved parties.

One example occurred where a private lot was only accessible via a right of way easement with the subject lot having dominant tenement rights. The assumption was made that a lessee and associated contractors could also rely on this easement for access. Upon closer investigation the easement document had specific restrictions and did not allow such rights which ultimately rendered the chosen lot unviable.

The presence of mining exploration licenses can potentially present a challenge when overlooked.  We understand the significance of factoring in these licenses, preventing misunderstandings and paving the way for smoother negotiations. A licence may impact or encumber a location and potentially require negotiation with a third party to enable tenure negotiations to progress.

Encumbrances on titles can harbour unforeseen complications when not meticulously examined. Failure to delve into details may result in missed opportunities or unexpected impediments during property dealings. Understanding these encumbrances is pivotal to successful negotiations.

Assumptions regarding unused road reserves and licensing requirements can be treacherous ground. Our experiences have taught us the necessity of thoroughly investigating these aspects to avoid future legal entanglements and ensure comprehensive compliance. Road closure applications can be a lengthy process.  Failing to identify and commence the application process could cause significant delays to the proposed development.

Consulting us in the initial stages of project development and site location can help ensure your project runs smoothly and any location barriers are identified and dealt with from the outset.

As seasoned professionals in property identification and negotiations, our commitment remains based in our learnings. We are very much aware of the critical role detailed due diligence plays in a successful transaction and project. 

We aim to empower our clients with the knowledge and insights garnered through these experiences, ensuring a smooth and successful journey through every transaction.

Should you have any questions or need guidance regarding your property negotiations, please don’t hesitate to reach out. We’re here to navigate this intricate terrain together, armed with expertise and lessons learned from our extensive experience.

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