Ground lease

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Tim Preston

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Feb 17, 2010, 5:26:10 AM2/17/10
to Australian CLT Network
Hi
Have had a friend look over the US ground lease and he says Australian
property law is quite different. Has there been any work done on
ground leases in Australia?
Cheers
Tim

Debra Rodrigues

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Feb 22, 2010, 5:25:56 PM2/22/10
to australian-...@googlegroups.com
Hi,
We are an ecovillage developer and have had our lawyer look at whether the
CLT model is workable under Australian property law. His findings have been
disappointing for us. He has advised that Australian property law is far too
immature for separate title for house and land (and hence the capacity to
establish separate ground lease). Caravan parks and some retirement villages
do operate under separate titles however the law is specific only to those
particular entities. He has advised that it would take a major disaster in
the property market to encourage the political will to amend our laws. He
has advised that it would take at least a seven year legal challenge WHEN
and if that political will is activated. Alas we have had to make the hard
decision to continue with our ecovillage development along current
commercial lines and hope that we have the opportunity to attempt a CLT
ecovillage model in a future project. If anyone has any findings to refute
our lawyer's findings, please give us details. We are still committed to
establishing (somehow) an Australian CLT.
Yours, Debra Rodrigues (director Newcastle Urban Ecovillage Pty Ltd)

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Joseph Connellan

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Feb 22, 2010, 6:23:43 PM2/22/10
to Australian CLT Network
At the National Affordable Housing Exchange in Sydney an audience
member suggested that the ground leases could be modeled on the 50
years ground leases used in the snowfields specifically Thredbo…

Not sure if that helps..

Joseph Connellan
Director
MC Two Pty Ltd
www.mctwo.com.au
jose...@netspace.net.au

Stafford, Joel

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Feb 22, 2010, 6:45:59 PM2/22/10
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And,

There is a difference between setting up a CLT and setting up a system
that has similar benefits and functions to a CLT. For me, the goal is to
'realise the benefits of a CLT' not to 'set up a CLT'.

It may be viable to get the intended result of a CLT by other means
within our existing laws. I think there are other ways to diversify risk
and manage affordability without a 'letter of the law' community land
ownership model.

A bona fide CLT may be the more parsimonious approach to getting those
and other benefits but making use of models sanctioned by existing law
capable of delivering the same sorts of benefits might provide the best
platform for later reform.

Best,
Joel


-----Original Message-----
From: australian-...@googlegroups.com
[mailto:australian-...@googlegroups.com] On Behalf Of Joseph
Connellan
Sent: Tuesday, 23 February 2010 10:24 AM
To: Australian CLT Network

Subject: [Australian-CLT-Network] Re: Ground lease

At the National Affordable Housing Exchange in Sydney an audience
member suggested that the ground leases could be modeled on the 50

years ground leases used in the snowfields specifically Thredbo...

Not sure if that helps..

Joseph Connellan
Director
MC Two Pty Ltd
www.mctwo.com.au
jose...@netspace.net.au


On 17 Feb, 21:26, Tim Preston <timpres...@usethings.com.au> wrote:
> Hi
> Have had a friend look over the US ground lease and he says Australian
> property law is quite different. Has there been any work done on
> ground leases in Australia?
> Cheers
> Tim

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