Legal Procedure of Land Purchase and Use
                     Legal Procedure of Land Purchase 
and Use
 In Australia, there is not a single piece of 
legislation that specifically addresses the 
sale of agricultural property. The same 
conveyancing processes come in use for 
the purchase and land for sale holdings as 
they are for homes, businesses, retail 
spaces, and other real estate assets. Each 
state's appropriate real property laws cover 
real estate transactions.
Farmland Ownership  
A family-run rural business typically holds its 
real estate in one of three ways: in the 
individual names of the farmers or Graziers, in a 
private "proprietary limited" corporation, or in a 
private discretionary trust. It is important to 
seek appropriate tax and accounting guidance 
in order to determine the best land ownership 
structure for the venture. The farmer or Grazier 
will then frequently create an operating entity 
(again, a private proprietary limited company or 
a private discretionary trust) to run the 
agribusiness from the property. A property entity 
and an operational entity are the results of this 
structure.    
Land Tenure 
In Australia, freehold and leasehold are the two most 
common types of land tenure. Each state and territory have 
responsibility for managing the formation of land titles and 
ownership. This is in accordance with its unique set of laws. 
Across their land holdings, larger rural properties may 
contain a combination of leasehold and freehold land 
tenures.   
Unlike private leasehold agreements with individual 
landowners, leasehold land holdings are often granted by 
the government. The tenant-farming concept used by 
private landowners is unusual in Australia. When freehold is 
not an option, the farmer or Grazier will typically lease 
farmland from the Crown or government.  
Easements, Access rights and Different 
Interests in Land  
Land Title will talk about others registered 
interests in land. This includes easements, 
rights of way and restrictions on use.  
What access is provided to the property, 
whether it is legal access or access that is 
personal and can be terminated, and to what 
extent is another question to be addressed 
when acting for either a vendor or a purchaser. 
Some vendors who have had property for a 
very long time—possibly for generations—
believe that they have legal access to it. But it 
turns out that they must cross a stock road or 
pass through a neighbor's land piece. 
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