Property Law

The Aitken Partners’ Property Law Team has a wealth of relevant experience and expertise. Property law is a significant part of our overall practice. We see our role as being one of adding real value to clients with insights and by offering truly commercial solutions, not just one of processing and producing documentation.

Our Property Law Team has vast experience in advising on:

• The sale and purchase of property.
• Leasing and licensing (including Retail Leases).
• Valuations in relation to disputes.
• Building and construction contracts for both builders and private clients.
• Security advice, mortgages, mortgage enforcement and mortgagee sales.
• Adverse possession and fencing disputes.
• Easement and covenant variation and removal.
• Revenue legislation including duties and land tax objections.
• Disputes surrounding leases and purchases.
• Compulsory acquisition.

The team works closely with clients to achieve their commercial and investment objectives. Our aim is to be timely, cost effective and build long term relationships with our clients.

Subdivision and Development

Our Property Law Team can help guide you through the process of the development of land and can advise in relation to the following:

• Acquisition of land.
• Development structures and joint ventures.
• Planning and local government issues including zoning and permitted uses, section 173 agreements, easements and other requirements of referral authorities.
• Planning permit applications, dealing with objections and negotiating with the responsible and referral authorities, VCAT hearings.
• Plans of subdivision and consolidation, including dealing with common property.
• Preparation of off the plan sales contracts and associated special conditions.
• Preparation of owners corporation documentation including their establishment, meeting minutes, special rules and lease/licences of common property.

Leasing

We advise landlords and tenants in relation to residential tenancies, commercial and retail tenancies, industrial and farming land. Our Property Lawyers have experience in all aspects of leasing, including:

• Preparation of agreements for lease and leases.
• The application of contractual and equitable principles to leases.
• Retail leasing and disclosure.
• Landlord and Tenant’s fixtures and improvements.
• Renewal of leases.
• Termination and surrender of leases.
• Breaches of lease, including remedies and appropriate notices.
• Requirements for make good.
• VCAT applications.

Complex Property Issues

Our Property Law Team has more than 30 years of experience in solving specific, unusual and complex property related matters in areas such as:

• Security advice, priority agreements, enforcement proceedings and mortgagee sales.
• Taxation advice, compliance and objections.
• Covenant and easement variation and removal.
• Adverse possession.
• Contaminated land and EPA compliance.
• Building defect and owner builder advice.
• Water rights, allocations and licensing issues.
• Compulsory acquisition and valuations law.
• Caveats, warrants, notices of action and other title issues

Get in touch

Fill out the form below or give us a call: +61 3 8600 6000