Property Dispute Lawyers
Many legal transactions involve property, and disputes between parties often involve property. Therefore, property law disputes occur regularly and often involve a party’s real property, or a party’s interests in land. Ownership of real property and access to business premises may be critical to a party’s business relationships and the conduct of a party’s business.
Disputes, defects, and disagreements are not uncommon, and they require legal guidance to ensure that any issues are addressed quickly. Our lawyers have extensive experience advising on building disputes, contract issues and defects. We act for a range of parties from landowners to builders, strata managers (owners or body corporations) contractors, and other building and construction professionals.
There are a range of property/residential building disputes and issues our lawyers can assist with, including:
- access to land
- easements
- land valuations
- sale and purchase of land disputes, including off the plan contracts
- titling issues
- caveats and applications to extend the operation of caveats
- joint venture and property developments
- adverse possession claims
- strata, including strata management statements, building management agreements and associated service contracts
- estate disputes
- real estate agent disputes including claims for commission
Types of Property Disputes
There are 5 major and most common types of property disputes, they are:
1. Neighbourhood property disputes
There are many examples of neighbourhood property disputes. These include disputes over trees, easements, fencing, retaining walls, and encroachment of buildings to name a few. The property dispute lawyers at PB Lawyers Australia are very knowledgeable and have extensive experience with this very common property dispute. They are skilled negotiators and pride themselves on providing a premium service that will save you money and time. The overwhelming majority of our disputes are settled with negotiation with the opposing lawyer or client.
Litigation refers to the process of resolving a dispute in court. During litigation both parties to the dispute will argue their case before an impartial judge. The property dispute lawyers at PB Lawyers Australia are able to represent you and argue effectively without the additional expense of a barrister. Even during litigation, our property solicitors remain committed to resolving your dispute as early as possible, saving you money and time.
2. Property disputes between individuals who own property together
Family members, friends and business associates often own property together. Sometimes one party would like to sell the jointly owned property, and their co-owners refuse to sell. The legislation stipulates that any person who owns any proportion of real property, is entitled to force the sale of that property. Where agreement for sale cannot be achieved that person has a right to make an application to the Supreme Court, pursuant to Section 66G of the Conveyancing Act 1919 (NSW) for the court to order a sale of the entire property.
The property lawyers at PB Lawyers Australia, can assist you in navigating the path of joint owner property disputes and forced sales of property.
3. Family property disputes following the breakdown of a marriage
Property disputes commonly arise during the division of property following the breakdown of a marriage or de facto relationship.
The Family Law Act 1975 (Cth) defines the legal distribution of property between separated couples. It considers:
- the overall value of the property to be distributed
- the financial contributions the parties made to the relationship
- the non-financial contributions the parties made to the relationship (including contributions made to the welfare of a family or in the capacity of a ‘homemaker’)
- the future needs of the parties to the relationship
- the earning capacity of the parties
- the effect of property distribution on any children of the relationship
- any child support that has, must or may need to be paid by either party
- any financial agreements that exist between the parties to the relationship
It is important that you seek legal advice in a timely manner as there are time limits that may apply to the resolution of property disputes in family law. Our family lawyers can assist you with property disputes that occur during the breakdown of a marriage or de-facto relationship.
4. Construction work property disputes
Construction work often results in property disputes with adjoining properties. These disputes may arise because for example the construction work requires an easement for utilities or the works encroach on an adjoining property or workers require access through a neighbour’s property.
Where construction requires an easement for utilities through an adjoining property, the Supreme Court has the power pursuant to Section 88K of the Conveyancing Act 1919 (NSW) to create such an easement.
A person who for the purpose of carrying out construction on their land requires access through adjoining land may make an application to the local court for a neighbouring land access order. These applications are made pursuant to the Access to Neighbouring Act 2000 (NSW). The builder is able to make this application on behalf of the property owner. These matters can generally be resolved by agreement without an application to the court and the PB Lawyers Australia property lawyers can draft and prepare a licence agreement to formalise the arrangement between the property owners.
5. Property disputes concerning off the plan purchases
An ‘off the plan’ property involves the purchase of a property that is planned to be built, but not yet built. Disputes commonly arise in relation to these purchases, and it is essential to have good legal advice prior to signing any contracts.
Sunset clauses commonly cause property disputes. These allow either party to terminate a contract when a building doesn’t reach practical completion by the sunset date. This may seem fair, however in a market where prices are increasing this creates an incentive for the developer to delay the project and terminate the contract.
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What to Expect when working with PB Lawyers Australia
Here are some reasons why people choose us:
- Punctual and Precise: From your first consultation until a successful solution, we will work hard to resolve your matter fast and with precision. We answer all enquiries quickly as we understand how stressful legal pressures can be. And more often than not, time is crucial, so we act promptly. Having the right lawyer in your corner is the most important aspect when dealing with legal matters, so as we are fast, we are also as experienced and thorough.
- Understanding and Perceptive: We understand that being involved in any legal matters can be stressful. So, we take the time to learn your situation and get a good grasp on all the relevant factors and use that information to work for you in the best way possible. We’re here to guide you every step of the way, we will listen to you, offer advice, answer any questions you have and ensure that you have all of the information you need to make an informed decision every time.
- Affordable and Reasonable: There is no surprise in saying that legal fees can be expensive, however, engaging a lawyer may be less expensive than you realise. Doing so will most definitely reduce the amount of stress and the amount of time in dealing with your legal matters. We offer flexible billing arrangements for our services, including event billing, time interval billing and fixed rate fees. We’ll also be transparent with you about the costs surrounding resolving your matter and provide you with a quote once we’ve had a consultation with you and understand your situation.
- Experienced and Knowledgeable: Each member of our trusted team has years of experience in the areas of law they each practice, coming from different cultural and societal backgrounds. This allows us to understand your situation more easily and work together to find the best outcomes for your situation. Like we said before, no two situations are the same, but our vast range of experience means that we can certainly help you.
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Frequently Asked Questions
What happens in landlord terminated tenancies?
Whether a decision is fair or not will depend on the circumstances. However, if there is evidence that the decision to terminate was unfair, then you could commence legal action seeking ‘relief against forfeiture’ from the courts. This would allow you to return to the property, but only if you are able to demonstrate that:
– the decision to terminate in the first case was unfair
– that you won’t allow this to happen again.
What is the importance of resolving property disputes professionally?
Resolving property disputes is crucial to avoid financial losses, emotional stress, and damage to relationships. Unresolved property disputes can lead to costly litigation, depreciation of property values, and even physical altercations. Seeking the advice of a property dispute lawyer can help parties undergo the intricate property laws and regulations, ensuring a fair and equitable resolution.
What is a caveat?
A caveat is a legal notice lodged with the land titles office that prevents the registered owner from dealing with the property without the consent of the person who lodged the caveat. It is often used in property disputes to protect the rights of an interested party.
This essentially “freezes” the property, ensuring that the person who lodged the caveat has a claim that must be addressed before any transactions can take place.
