Property Disputes

Property disputes, planning and compulsory acquisitions are the new battleground between ageing populations trying to retain proprietary wealth and the societal pressures on limited resources in a changing environmental landscape.

Our Property Disputes Team is well experienced to deal professionally and sensibly with Acquiring Authorities, neighbours, Councils and opposing lawyers, but we are always prepared for the good fight and are not afraid to champion our clients when it is in their interests to do so.

If your interest has been compulsorily acquired it is our job to make sure you get compensated in full, which may be more than just the true value of your property and the loss of its potential. We also look at any special value the land may hold for you along with the cost your relocation and other associated expenses, but also what the legislation calls ‘solatium’ – which is for any intangible and non pecuniary disadvantages you may suffer because of the compulsory acquisition. In the case of a business, we also look at the damage to that business, whether it is a farm or the local milk bar.

We understand the human side of compulsory acquisition, and we work hand in hand with valuers and other advisors to provide good reasons and arguments to support a valuation for compensation. We understand Section 41 of the Land Acquisition and Compensation Act (Vic). That means we know the factors under the Act that need to be taken into account when determining a fair value in respect of, not just the land and property, but also the disturbance including the possible and consequential losses for a business.

Aitken Partners acts for, tenants, land owners and businesses affected by most major projects in Victoria as well as interstate and for many owners affected by minor road widening schemes and public acquisition overlays. We also provide advice for loss on sale for properties affected by acquisitions, easements, POAs and other processes