Property Rights & Disputes

The ownership or leasing of property creates legal rights and obligations. These rights and obligations arise because of statute, government regulation (including local government regulation), conditions of title (including encumbrances on title) or by contract or agreement.

Disputes often arise because land owners and occupiers do not know or are unaware of the extent and limitations of their rights and obligations in dealing with their property.

For example, an easement is essentially a right granted by one party to another allowing usage of that parties property for certain reasons.

Easements are commonly granted to government and statutory authorities for matters such as sewerage and drainage, telephone services and the like. Easements are also often granted between private individuals or neighbouring properties for certain purposes, for example to access property that is land locked.

As one party is essentially burdening their land to the benefit of another party, it is not uncommon for disputes to occur when people have a difference of opinion as to the rights associated with the easement, particularly when one party wishes to develop property that carries the burden of an easement.

Disputes often arise as a result of the flawed creation of rights and obligations over property, whether by way of lease, mortgage or through redevelopment. This can be minimised by taking the time in the creation of rights to ensure that the rights are relevant to the future needs and uses of the property and its environment.

How We Can Help

We can help by:

  • Drafting or negotiating appropriate terms and conditions creating property rights;
  • Providing advice on applicable laws;
  • Lodging documentation with the Titles Office;
  • Providing assistance and representation as to property disputes.

For further information please contact: