Aitken

Legal partners for life

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Level 28, 140 William Street, Melbourne Victoria 3000 Australia
Call: +61 3 8600 6000 info@aitken.com.au

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Expert Property Lawyers in Melbourne

Whether you're buying, selling, leasing, or facing a property dispute, our experienced Melbourne property lawyers provide expert legal advice to protect your interests.

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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.

Wills and Estate Planning

Subdivision and Development

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Wills and Estate Planning

Leasing

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Wills and Estate Planning

Complex Property Issues

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How we work with you.

1

Initial Consultation

Schedule a confidential consultation to discuss your situation, understand your needs, and receive initial advice

2

Strategic Planning

We develop a tailored legal strategy outlining the steps, timeline, and necessary documentation to achieve your goals

3

Resolution and Support

We execute the plan, representing you in negotiations or proceedings, keeping you informed, and ensuring your rights are protected

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We’re behind you. Every step of the way.

Unmatched Expertise Across Industries and Sectors

Expert Guidance in Property Law & Transactions

Our team provides expert legal advice on property transactions, leasing, and disputes, ensuring your rights and interests are protected. Whether you’re buying, selling, developing, or dealing with a property-related legal matter, we offer clear, practical guidance to simplify the legal process. If disputes arise, our property law specialists are ready to assist with negotiations, mediation, and litigation when necessary.

Over a Century of Trusted Legal Excellence

Tailored Legal Solutions for Your Property Needs

Every property matter is unique, and our advice is tailored to suit your specific circumstances. Whether you're dealing with residential or commercial property transactions, leasing agreements, or disputes, our property law team takes a strategic and practical approach to help you achieve the best possible outcome.

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Frequently Asked Questions

A property lawyer handles the legal side of buying, selling, leasing, and disputing property. This includes preparing contracts of sale, conducting title searches, advising on stamp duty and land tax, drafting leases, and representing clients in disputes. In Victoria, they may also manage conveyancing through to title registration. If your matter involves subdivision, easements, or mortgage enforcement, talk to a specialist.

You are not legally required to hire a lawyer to sell property in Victoria, but most sales involve one from day one. A Section 32 Vendor Statement must be prepared before a purchaser signs, and this is almost always done by a lawyer or licensed conveyancer. They review contract terms, advise on disclosure obligations, manage settlement, and ensure title transfer is correctly registered. If your sale involves off-the-plan conditions or a development, engage a property lawyer early.

The right lawyer depends on your dispute. Contract or title issues need a conveyancing lawyer. Boundary or easement matters heading to court need a property litigator. Planning permits or VCAT proceedings need a planning lawyer. Your initial consultation will identify the right expertise for your situation. Getting the right specialist early reduces the risk of procedural mistakes down the track.

Yes. A property lawyer assists with court-ordered or legally compelled sales arising from mortgage default, co-ownership disputes, or judgment debts. In Victoria, a mortgagee exercising a power of sale must comply with the Property Law Act 1958, including providing notice and achieving the best price reasonably obtainable. A lawyer makes sure the process runs correctly, whichever side of it you are on.

Yes. A property lawyer identifies legal risks during due diligence, including title defects, undisclosed encumbrances, planning restrictions, unapproved structures, or unfavourable contract terms. Where those risks are significant, a lawyer will recommend against proceeding. They focus on legal risk, not whether the property is a good buy or structurally sound. The decision to proceed always rests with you, but your lawyer ensures you have the full legal picture before you make it.

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Book A Consult.

Fill out the form below or give us a call at +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.

Please note: The information in this article is provided for general information purposes only and does not constitute legal advice. It is not intended to be comprehensive or to apply to any specific circumstances. You should seek independent legal advice before acting on any information contained in this article.

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