Legal Advice
Free Enquiry

Property Law & Lawyers

from Specialist Lawyers

Property law books, model house, house keys, scales of justice and property agreement document

Conveyancing, property disputes, leasing, and real estate transactions.

Property Law is the system of laws regulating and prioritising the rights, interests and responsibilities of individuals in relation to "things". These things are a form of "property" or "right" to possession or ownership of an object.

If you believe you have a legal matter concerning property law, then please complete your free legal enquiry form on the right, click here.

Broadly speaking property law encompasses the following issues:

  • Conveyancing
  • buying and selling of land
  • buying and selling of businesses
  • Boundaries
  • Business lease renewal
  • Common hold
  • Co-ownership and estoppel
  • Easements
  • Covenants
  • Housing laws
  • Landlord and tenant (general)
  • Long leases
  • Mortgages
  • Nuisance and trespass
  • Planning
  • Property litigation and ADR
  • Property transactions
  • Public access to land
  • Residential tenancies
  • Restrictive covenants
  • Agricultural tenancy reform

If you have a legal matter regarding any aspect of property law, then please complete your free legal enquiry form on the right, click here.

Property lawyers generally provide expertise and advice in the following areas:

  • properties for sale and purchase and conveyancing
  • Re-mortgage of residential and investment properties
  • Investment / buy-to-let properties
  • Shared equity purchases
  • Auction sales and tenders
  • Transfer of equity
  • Transfer of property on relationship breakdown
  • Property settlement and family law matters including divorce
  • De facto property relationships
  • Division of property upon separation / break-up or Divorce

If you believe you have a legal matter concerning property law or a property dispute, then please complete your free legal enquiry form on the right, click here.

Property lawyers offer expert advice on all aspects of the legal buying or selling of all types of property, for example:-

  • buying or selling a flat, unit, townhouse or house
  • buy to let
  • lease extensions
  • freehold purchases
  • transfers of equity
  • re-mortgages

Property lawyers often avoid jargon and advise you at every stage ensuring that you understand the processes involved from when your initial instructions are given to the final completion.

Property Litigation & Property Disputes

Property litigation is the area of law dealing with property related disputes.  These disputes may relate to residential property or commercial property (which is used for business or office purposes).  Property litigation often involves complex areas of law and it is essential to seek commercial and correct advice at the earliest opportunity should a dispute arise.  Court proceedings can be expensive and time-consuming and an effective property litigation lawyer will be able to help you obtain a resolution or achieve your objectives without the need for court proceedings.  Dispute resolution such as mediation can prove cheaper and less stressful.

The following are examples of disputes that arise often in the context of property litigation:

  • Disputes over consent to subletting or assigning a property or where a proposed change of use is opposed.
  • There may be breaches of a covenant to repair a building in the lease.  The landlord may serve what is sometimes known as "schedule of dilapidations" requiring the breach to be remedied within a certain time frame.
  • Recovery of land/premises from unlawful squatters.
  • Disputes relating to access to the property/ rights of way
  • Commercial rent and service charge recovery
  • Lease surrender negotiations (bringing the lease to an end)
  • Applications to forfeit the lease (an application made by the landlord to recover possession of the property often where the tenant has been in persistent breach of covenant).
  • Property litigation law attempts to strike a balance between the interests of both parties.

If you find yourself subject to such a dispute, there is legal protection and various remedies available under property law.

If you would like legal advice on a property litigation related issue, please complete your free legal enquiry form on the right, click here.

Conveyancing and Property Law

Property lawyers also provide services with respect to conveyancing. Conveyancing is the legal transfer of property from one owner to another. The conveyancing process, if properly carried out by conveyancing lawyers, ensures that the purchaser actually owns all the property, land and rights that have been paid for.

Selling Your House (conveyancing) i.e. the legal process involved in selling your house can be very complex and without proper legal representation, the process can be quit difficult to follow.

Conveyancing Lawyers normally perform the following services:

  • Obtaining the deeds (from your mortgage lender if you have one);
  • Completing a Property Information Form and a list of the Fixtures, Fittings and
    Contents and advising relation to the contract of sale;
  • Sending out a draft contract package to the buyer's solicitor, providing them with full details of the property and it's services;
  • Agreeing a date when the purchase will be completed;
  • Exchanging contracts;
  • Repaying any mortgage, paying the estate agents, and sending you the rest of the proceeds (or putting them towards the purchase of your new home).

If you are looking at buying or selling real estate and would like a property lawyer to look after the conveyancing process for you, then please complete your free legal enquiry form on the right, or click here.

Links to Further Resources - Property Law & Lawyers

Property Law & Lawyers News

News updates and further information - Property Law & Lawyers

The main pieces of legislation pertaining to property law in Australia include:

New South Wales

Real Property Act 1900
Conveyancing Act 1919

Victoria

Transfer of Land Act 1958
Land Titles Validation Act 1994

Australian Capital Territory

Real Property Act 1925
Land Titles Act 1925

Queensland

Property Law Act 1974
Land Titles Act 1994

Northern Territory

Law of Property Act
Validation of Titles Act 1994

South Australia

Real Property Act 1886

Tasmania

Real Property Act 1862
Land Titles Act 1980

Western Australia

Property Law Act 1969
Titles Validation Act 1994

If you believe you have a legal matter concerning property law, then please complete your free legal enquiry form on the right, click here.

Legislation
Australia

Australian Capital Territory
Residential Tenancies Act 1997 (ACT)
An Act relating to residential tenancies.

New South Wales
Conveyancing Act 1919 (NSW)
An Act to amend and consolidate the law of property and to simplify and improve the practice of conveyancing; and for such purposes to amend certain Acts relating thereto.

Conveyancing and Law of Property Act 1898 (NSW)
An Act to consolidate the Statutes relating to Conveyances, Assignments, and Titles to Lands.

Real Property Act 1900 (NSW)
An Act to consolidate the Acts relating to the declaration of titles to land and the facilitation of its transfer.

Residential Tenancies Act 1987 (NSW)
An Act relating to the rights and obligations of landlords and tenants under residential tenancy agreements; to make provision with respect to excessive rent increases and rents; to confer functions on the Consumer, Trader and Tenancy Tribunal of New South Wales.

Retail Leases Act 1994 (NSW)
An Act to make provision with respect to the leasing of certain retail shops and the rights and obligations of lessors and lessees of those shops.

Northern Territory
Law of Property Act (NT)
An Act to consolidate, amend and reform the law relating to conveyancing, property and contract, and for related purposes.

Real Property (Unit Titles) Act (NT)
An Act to provide for the registration of unit titles and for other matters.

Residential Tenancies Act (NT)
An Act to regulate the relationship of landlord and tenant under residential tenancy agreements and for related purposes.

Queensland

Land Act 1994 (Qld)
An Act to consolidate and amend the law relating to the administration and management of non-freehold land and deeds of grant in trust and the creation of freehold land.

Land Title Act 1994 (Qld)
An Act to consolidate and reform the law about the registration of freehold land and interests in freehold land.

Property Law Act 1974 (Qld)
An Act to consolidate, amend, and reform the law relating to conveyancing, property, and contract, to terminate the application of certain statutes, and to facilitate the resolution of financial matters at the end of a de facto relationship.

Residential Tenancies and Rooming Accommodation Act 2008 (Qld)
An Act about residential tenancy agreements, rooming accommodation agreements, and related matters.

Retail Shop Leases Act 1994 (Qld)
The object of this Act is to promote efficiency and equity in the conduct of certain retail businesses in Queensland.

South Australia
Crown Land Management Act 2009 (SA)
An Act to make provision for the disposal, management and conservation of Crown land.

Land Acquisition Act 1969 (SA)
An Act about the acquisition of land.

Land and Business (Sale and Conveyancing) Act 1994 (SA)
An Act to regulate the sale of land and businesses and the preparation of conveyancing instruments

Real Property Act 1886 (SA)
An Act to consolidate and amend the Real Property Act 1861, the Real Property Act Amendment Act 1878 and the Rights-of-Way Act 1881.

Residential Tenancies Act 1995 (SA)
An Act to regulate the relationship of landlord and tenant under residential tenancy agreements.

Retail and Commercial Leases Act 1995 (SA)
An Act regulating the leasing of certain retail shops.

Tasmania
Conveyancing and Law of Property Act 1884 (TAS)
An Act for simplifying and improving the practice of conveyancing; and for vesting in trustees, mortgagees, and others various powers commonly conferred by provisions inserted in settlements, mortgages, wills, and other instruments; and for amending in various particulars ...

Residential Tenancy Act 1997 (TAS)
An Act to regulate tenancies of residential premises.

Victoria
Land Act 1958 (VIC)
An Act relating to Crown Lands.

Property Law Act 1958 (VIC)
An Act relating to Property and Conveyancing.

Residential Tenancies Act 1997 (VIC)
An Act relating to the rights and duties of landlords and tenants of residential premises.

Retail Tenancies Reform Act 1998 (Vic)
The purpose of this Act is to reform the law relating to retail tenancies.

Western Australia
Commercial Tenancy (Retail Shops) Agreements Act 1985 (WA)
An Act to regulate commercial tenancy agreements relating to certain shops, to provide for the determination of questions arising under such agreements, and for connected purposes.

Property Law Act 1969 (WA)
An Act to amend and consolidate the law relating to property and for incidental purposes.

Residential Tenancies Act 1987 (WA)
An Act to regulate the relationship of owners and tenants under residential tenancy agreements, to consequentially amend certain Acts, and for connected purposes.

Transfer of Land Act 1893 (WA)
An Act to consolidate the law relating to the simplification of the title to and the dealing with estates in land.

Courts & tribunals and their decisions
Australia
Australian Capital Territory
Australian Capital Territory Residential Tenancies Tribunal Decisions
This database contains selected decisions of the Australian Capital Territory Residential Tenancies Tribunal from 1998.

New South Wales
Residential Tribunal of New South Wales
This database contains selected decisions of the Residential Tribunal of New South Wales (formerly the Residential Tenancies Tribunal) since 1986. The database was last updated November 1999.

Queensland
Queensland Building Tribunal
This database contains selected decisions of the Queensland Building Tribunal since 1995. Database was last updated 29 June 2000.

Queensland Civil and Administrative Tribunal
The Queensland Retail Shop Leases Tribunal has been abolished. It's functions have been absorbed into the Queensland Civil and Administrative Tribunal (QCAT).

If you believe you have a legal matter concerning property law, then please complete your free legal enquiry form on the right, click here.

South Australia
South Australian Residential Tenancies Tribunal
This database contains the full text decisions of the South Australian Residential Tenancies Tribunal as selected by the Tribunal.


Organisations - Government
Australia
Landgate
Landgate is the statutory authority for land and property information in Western Australia. Landgate replaces the former Department of Land Information.

New South Wales
NSW Department of Lands
NSW Department of Lands is a New South Wales State Government Department combinig the previous departments of Land and Property Information, Crown Lands and Soil Services and their respective websites into one new website.

Land is the predominant focus of Western property law, particularly Australian property law. Legal developments in this field outweigh the development of other forms of property law, this is primarily due to the high value of land in comparison to other forms of property, such as chattels. Each state in Australia has a different regime for the regulation and bureaucratisation of land. It is a largely statute based area of the law but can still be influenced by the common law and principles that originate from Australia's history as a colony of the United Kingdom, where land and estate law developed through the ambit of feudalism. Property law is enabling in that it creates a system for evidencing, recognizing and transferring title to land, facilitating its use as an economic instrument. Other legal instruments in property law that facilitate the private and commercial dealing of land include the mortgage, lease, covenant and easement.

Property legislation in all states is grounded upon the Torrens principle of registration of title. This posits that each state have a central register of all land in the state and that the register also show the 'owner' of the land. This system was devised to reduce the amount of fraud relating to land due to falsification of title deeds. The system also provides for registration of other entitlements to land such as a mortgage, by which land is used to secure a loan. Another major principle of this system is 'indefeasibility' of title - where a right has been entered on the register, it cannot be defeated by later rights except in certain circumstances.

If you need legal advice regarding Property Law, then please complete your free legal enquiry form on the right, and we will put you in touch with a Property Law lawyer nearest you, who can help you with Property Law.

Our free legal enquiry service for Property Law extends to all locations throughout Australia.

Property Law & Lawyers Updates

These news come from

Get Free Legal Advice

There are strict time limits which may apply to your case — so don't delay, act today. Complete your free legal enquiry form to request immediate legal assistance.

Free Legal Enquiry

Free Legal Enquiry

Tell us about your legal matter and we'll connect you with a specialist lawyer in your area.