Guardian Right Development Facts

After 35 years of earning a living through property dealings, Glenn learned about legal contracts, different council overlays and lending criteria in different shires states and countries. Glenn has subdivided and developed, relocated houses interstate, built, flipped, bought land in ballot, tried leaseholds and freehold, rented and became a rental management company, found legal differences in flats, units, strata and commercial residential use, and learned how to mitigate most of the pitfalls and rules, and learned different forms of borrowing from different types of lenders.

Glenn found he could use contracts to relinquish rights but the law does not allow rights to be taken away, and discovered Vendor terms agreements where he could create beneficial outcomes for both parties if he relinquished cetain rights and restrictions that would otherwise block the progress on a project or deal. 

The Guardian Right and the Guardian Right Registry is the culmination of this wisdom, which primarily was to build a housing system to reduce the cost of living. The Guardian Right became a symbol, a simplified tool, that could be used to own and trade equitable interests, and the Registry was built to legitimize those trades for landholders, occupants, lenders, and society.  

Legal Development Facts

Australian Property Guardianship (APG) was created to fill the hole in the Torrens system. The Torrens system was designed specifically for Land interests only, with the capital improvements or appurtenances (structures left with the land) also known as fixtures (needed for the business of the land), detailed in rates notices as CIV, was left out, and is unable to be registered separately.

APG fills this hole through the creation of a tradeable tool known as a Guardian Right, which accounts for a properties CIV. Ownership (the relationship to an object) allows owners to sell part of a holding or create an equitable interest in a property, and the Guardian Right is CIV specific, allowing the titleholder to retain 100% of the landholding. Co-owners traditionally have a numerical relationship which lead to complex fee structures within different property models such as strata, retirement villages, eco-villages, van parks, and CLTs.

The Guardian Right is a physical holding, simplifying the torrens process and providing relevant laws supporting the title to remain unimpeded. The only cross-over comes through an existing mortgage where the Guardian Right is unrecognized. When a Guardian Right (an equitable interest) is created, trust law is invoked where the landholder becomes a trustee for the guardian beneficiary under a form of trust deed that must be followed. All property owners have the legal right to create equitable interests and trust deeds.

The Guardian Right Terms Agreement is the registry trust deed which makes the Guardian Right tradeable. Guardian fixtures are fixed within the trustee-beneficiary framework while at the same time the fixtures are transferable within the ownership framework under the terms agreement (trust deed). Layered laws make the torrens titleholder the primary property beneficiary, placing the Guardian Right holding second, yet with personal property, for which the Guardian Right has been designated, provides the Guardian Right holder with equal priority status.

Contract law allows parties to relinquish rights but not to take rights away. Vendors can therefore remove restrictions and keep the contracts fair while attached to the trust deed which was designed to be common to all transactions within the APG environment. Phase 1 provides the property owner with a contractual Set-Up arrangement separating a property into land and CIV, under the management of the Guardian Right Terms (trust deed) Agreement.

Phase 2 deals with the tradeable portion of APG, where land under right can be sold, a guardian right under call option can be sold, and a development right under deed can open up projects that create or recreate habitable fixtures, using the same terms common in every Guardian Right exchange. These terms cannot have clauses removed, so when each exchange is made, purchasers walk in with eyes open so there is no unfair contacts and no comeback.

Disclaimer: EmpowerUs Australia is not a financial or legal institution. The information provided on this website is designed to inform post and future clientele with as much information as possible about the inner workings and outer applications of the APG system to the best of our ability.