Property Disputes & Complex Property Lawyers
Property matters are not always straightforward. Issues relating to property ownership, land use, title interests, environmental obligations and regulatory requirements can quickly become complex and have significant legal and commercial implications.
Whether you are a property owner, developer, investor, lender or business owner, obtaining the right advice early can help protect your interests, minimise risk and avoid costly disputes.
With more than 30 years of experience, our Property Lawyers assist clients with a broad range of complex property matters, providing practical and strategic advice tailored to our clients circumstances and objectives.
Property Title Disputes and Ownership Issues
Issues affecting property ownership can arise for many reasons and often require prompt legal advice.
Our team assists with:
- Caveats and withdrawal of caveats,
- Notices of action,
- Competing ownership claims,
- Title defects and irregularities,
- Adverse possession claims,
- Other complex title issues.
Resolving ownership disputes early can help protect your interests and avoid costly delays in future transactions or developments.
Easements, Covenants and Land Use Restrictions
Restrictions recorded on title can significantly impact how land can be used, developed or accessed.
We advise clients in relation to:
- Restrictive covenants,
- Easement disputes,
- Easement creation, variation and removal,
- Covenant variation and removal applications,
- Rights of access issues,
- Land use restrictions affecting development potential.
Understanding these restrictions is often critical before purchasing, selling, developing or subdividing land.
Property Development and Regulatory Issues
Development projects can uncover legal and regulatory challenges that require specialist advice.
Our Property Lawyers assist with:
- Complex planning and development issues,
- Contaminated land matters,
- EPA compliance obligations,
- Property-related regulatory requirements,
- Development risk management,
- Land affected by environmental concerns.
Addressing these issues early can help avoid project delays, additional costs and compliance risks.
Mortgage Enforcement, Security and Recovery Proceedings
Property is commonly used as security for lending arrangements, and disputes can arise where obligations are not met.
We assist lenders, borrowers and property owners with:
- Security advice,
- Priority agreements,
- Mortgage enforcement proceedings,
- Mortgagee sales,
- Recovery strategies,
- Property-related security disputes.
Our focus is on protecting our clients' interests while working towards commercially practical outcomes.
Building Defects and Property Disputes
Building and construction issues can affect both the value and usability of a property.
We advise property owners, developers and investors in relation to:
- Building defect claims,
- Owner builder disputes,
- Property damage issues,
- Compliance concerns,
- Rectification disputes.
Obtaining advice early can help identify available remedies and reduce the risk of ongoing losses.
Compulsory Acquisition and Compensation Claims
Government authorities may acquire private land for public infrastructure and development projects.
We assist property owners in understanding their rights and navigating compulsory acquisition processes, including matters involving compensation and valuation disputes.
Understanding your legal position before responding to an acquisition notice can make a significant difference to the outcome achieved.
How Our Complex Property Lawyers Can Help
Our Property Lawyers assist clients with:
- Security advice and mortgage enforcement,
- Mortgagee sales,
- Taxation advice, compliance and objections,
- Restrictive covenants and easements,
- Adverse possession claims,
- Contaminated land and EPA compliance,
- Building defects and owner builder disputes,
- Water rights and licensing issues,
- Compulsory acquisition matters,
- Caveats, notices of action and title disputes.
Whether you are dealing with a property dispute, regulatory issue or an unusual title matter, our team can provide practical advice tailored to your circumstances and objectives.
Get in touch
Fill out the form below or give us a call: +61 3 8600 6000
Located in Melbourne CBD at Level 28, 140 William Street, Melbourne. Servicing all Melbourne suburbs online and within a 15-minute drive for: Melbourne CBD, Carlton, Fitzroy, Richmond, South Yarra, St Kilda, Brunswick, Collingwood, Prahran, South Melbourne, North Melbourne.
Frequently Asked Questions
Adverse possession is a legal process that may allow someone to claim ownership of land they have occupied for a significant period of time, despite not being the registered owner. These claims can be complex and often require careful assessment of the property's history and use.
A caveat is a notice on a property title claiming an interest in the land. If a caveat is preventing you from selling, refinancing or dealing with your property, legal advice can help determine whether it can be challenged or removed.
In some circumstances, a restrictive covenant may be varied or removed. Whether this is possible will depend on the nature of the covenant, the impact on surrounding properties and the individual circumstances of the case.
An easement gives another person or authority certain rights over a property, such as access or utility services. Easements can affect how land is used, developed or subdivided and should be carefully considered before purchasing or developing property.
Government authorities may acquire private land for public infrastructure and development projects. Property owners may be entitled to compensation, and obtaining advice early can help ensure their interests are protected throughout the process.
Yes. Land contamination can affect a property's value, development potential and compliance obligations. Early investigation and legal advice can help identify risks and avoid costly delays.
A mortgagee sale occurs when a lender sells a property following a mortgage default. Both borrowers and lenders have legal rights and obligations, making it important to understand your position before taking action.
Building defect claims may be available where defective workmanship, design issues or non-compliant building work have caused loss or damage. The available options will depend on the circumstances and nature of the defects.
Title disputes can affect your ability to sell, develop or finance a property. Seeking legal advice early can help clarify ownership rights and identify the most effective path towards resolution.
It is generally best to seek legal advice as soon as a complex property issue arises. Early advice can help protect your interests, minimise risk and avoid costly disputes.