Protecting what’s yours is expected. When it’s at risk, stress is inevitable and your judgment can become clouded.
In those times, it’s more important than ever to be thinking clear and get easy to understand advice.
You might be in dispute with a landlord or tenant. Rent may be owed which is unpaid. Eviction is imminent or has been threatened.
Multi-residential apartment complexes can be ripe for a dispute because of the number of people who live there and the fact that people don’t always get along.
Perhaps the local council is suggesting you are conducting business in breach of the local planning scheme. Or maybe there’s a material change of use development application which is on foot and has the potential or will likely impact your property or business.
A caveat has been wrongly lodged by a creditor on the title to your land to secure payment of monies they think you owe to them.
In each of the above examples, different pieces of legislation apply. It’s an understatement to say the area of property law is complex. Navigating the laws is challenging.
That’s when you need to call a real estate lawyer.
Have you received or want to issue a notice to remedy breach of covenant? If a landlord is seeking to lock you out, perhaps a relief against forfeiture order is required. These are only some of the issues that can arise in the event of a lease dispute. We assist both landlords and tenants.
There’s a myriad of laws governing by-laws, conduct of meetings, financial management and other areas. We have extensive experience in disputes before QCAT and adjudications before the Body Corporate and Community Management Commissioner, and appeals therefrom.
The Planning and Environment Court is a specialised forum which we are familiar with. The court deals with a wide range of matters including planning and development (including appeals against development applications), heritage and transport infrastructure.
Lodging a caveat is not par for the course. One must have a ‘caveatable interest’ sufficient to support the caveat. A caveat, wrongly lodged, can be removed by order of the Supreme Court. If you have lodged a caveat, you may need to file proceedings in the court to support it within a limited timeframe. We can help.
Generally speaking, an easement gives one a right of way over the subject land or part of it but they do not give rise to a right of possession. Not all easements are alike however. Call us for advice on the associated rights and responsibilities.
These include things like caveats and easements mentioned above. Disputes between co-owners of land can get nasty, especially if it involves family members. If there is an issue about ownership of the land, it’s best to get some early advice.