Dealing with property disputes, or any dispute for that matter, is stressful and expensive. It’s best to avoid it rather than find ways to resolve it. But if you’re already facing disagreements over lease contracts or property ownership, having a property dispute lawyer by your side will help you navigate the complex situation.
Understanding Property Law in Australia
Australian properties can be real or personal, depending on certain features. Real property encompasses land and all permanent attachments, such as buildings and trees. Anything that can be moved, such as vehicles and furniture, is considered personal property. The rules governing real property are different from those of personal property. Understanding the basics will help you navigate the legal complexities.
When do you need a property dispute lawyer?
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Boundary Disputes
Disputes over boundaries happen when neighbours disagree on where one property ends and another one starts. Disagreements over fences, structures, and encroachment can cause a rift between property owners and strain neighbourly relationships.
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Easement Disputes
An easement gives you the right to use a portion of someone else’s land for various purposes, such as driveways and access roads. Disputes happen if the terms are not properly laid out, including usage rights and who’s accountable for maintenance. Easements are also permanent, even when property ownership changes, something worth considering if you’re the one to agree to them.
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Conflicts Between Landlord and Tenant
Lease violations, rent arrears, and maintenance concerns are just a few causes of landlord-tenant conflict. All of which can be avoided with a clear and concise lease agreement. Considering the significant loss of time and money if a conflict results in legal proceedings, landlords should create a lease contract that is clear-cut and stays true to tenancy laws.
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Co-Ownership Disputes
When co-owners can’t agree on how a jointly owned property is dealt with, disagreements can arise. One of them, however, can force a sale under Section 38 of the Property Law Act 1974, which is likely to make matters worse.
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Nuisance Claims
Whether you own or lease a property, you have the right to enjoy it without disruption or interference. The former affects a public place, while the latter concerns your enjoyment of private property. Nuisance comes in many forms, such as excessive noise, access obstructions, or noxious smells.
In any of these situations, working with a dispute lawyer specialising in property law can help you arrive at a favourable resolution. They’re the same people who can help you avoid disputes to begin with, however. Seek legal advice right from the start to avoid any disputes in the future. Consult with Velocity Legal for professional advice.
